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Decision Text

ARMY | BCMR | CY2003 | 2003085225C070212
Original file (2003085225C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 July 2003
         DOCKET NUMBER: AR2003085225


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Regan K. Smith 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 the entry “ORDERED TO ACDUTRA” (ordered to active duty for training) be deleted from item 17 of his separation document.

3. The applicant states that he does not qualify for Department of Veterans Affairs (VA) medical care because of the contested statement. He contends that he was a member of the Army National Guard (ARNG) and then went on active duty for 1 year, 7 months and 10 days, with service in Germany.

4. The applicant’s military records show that he enlisted in the ARNG on 23 October 1965. He completed his initial entry training and was awarded the military occupational specialty (MOS) of light weapons infantryman. He was promoted to pay grade E-2.

5. On 13 September 1968, orders were published ordering the applicant to 19 months and 16 days of active duty. Those orders cited Public Law 89-687 and Army Regulation 135-91 as their authority.

6. The applicant was awarded the MOS of combat engineer and was promoted to pay grade E-4. He was honorably released from active duty at the expiration of his term of service on 26 May 1970.

7. Public Law 89-687, the military’s Fiscal Year 1967 appropriations bill, included a provision which allowed the President of the United States to call up (mobilize) selected reserve-component units for up to 24 months in support of the Vietnam War.

CONCLUSIONS:

1. It is evident that the applicant was not ordered to active duty for training. He was ordered to active duty in support of the Vietnam War.

2. As such, it is apparent that an error was made by entering “ORDERED TO ACDUTRA” in item 17 of his separation document.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.









RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by deleting the entry “ORDERED TO ACDUTRA” in item 17 of his separation document.

BOARD VOTE:

___rks___ ___jtm__ ___jhl___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _______Joann H. Langston_______
                  CHAIRPERSON



INDEX

CASE ID AR2003085225
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003085225
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 135.04
2.
3.
4.
5.
6.


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