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Decision Text

ARMY | BCMR | CY2002 | 2002082746C070215
Original file (2002082746C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2002082746


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Christopher J. Prosser Member
Mr. John T. Meixell Member

         The applicant and counsel, if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records:

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his DD Form 214 (Report of Transfer or Discharge) dated 30 March 1970 be corrected to show that he was activated for Federal service during the Postal strike.

3. The applicant states, in effect, that the Department of Veterans Affairs (VA) has advised him that he needs to have his DD Form 214 show that he had Federal service during the Postal strike for benefits.

4. The applicant’s DA Form 20 (Enlisted Qualification Record) under item 38 (Record of Assignments) states that by order of the President in accordance with Headquarters First Army Letter Order 3-132 he was ordered to active military service on 24 March 1970 with released back to his New York Army National Guard unit on 30 March 1970.

5. The applicant’s DD Form 214, at item 17 (Current Active Service Other Than By Induction), shows that Headquarters First Army Letter Order 3-132 called him to active Federal service. No other entry of the reason for this service is denoted on the DD Form 214.

CONCLUSIONS:

1. The Board accepts that the applicant’s service for the period of 24 through 30 March 1970 was active Federal service pursuant to an activation order directed by the President during a known Postal service strike at that time.

2. The Board concludes that as a matter of equity the applicant is entitled to have his separation document clarify that this period was active Federal service pursuant to a Presidential order. Therefore, the Board finds that inclusion at Item 30 (Remarks) of an appropriate statement is warranted.

3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That the applicant’s DD Form 214 item 30 be corrected to show that pursuant to the President’s direction he was called to active Federal service for the period of 24 through 30 March 1970.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

__SK __ __CJP __ ___JTM__ DENY APPLICATION


                  _ Stanley Kelley______
                  CHAIRPERSON



INDEX

CASE ID AR2002082746
SUFFIX
RECON
DATE BOARDED 20030911
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT,
REVIEW AUTHORITY
ISSUES 1. Admin entry
2.
3.
4.
5.
6.


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