RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 APRIL 2005
      DOCKET NUMBER:  AR20040004304


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Ms. Karen Heinz                   |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 19a (current active
service other than by induction – source of entry) on his August 1965
separation document be corrected to show that he was ordered to active duty
vice ordered to ACDUTRA (active duty for training).

2.  The applicant states that he was on active duty for 1 year and 9 months
and was not on active duty for training as his separation document
indicates.  He states that he intended to volunteer for the draft in 1963
but recruiting personnel suggested that he “take an ER [enlisted reserve]
prefix to facilitate his chance for admission to the “West Point Prep
School” at Fort Belvoir.  He states he took and oath and departed on the
train with a 2-year active duty obligation.

3.  He states that he needs the correction in order to receive benefits
from the Department of Veterans Affairs for his serious health problems.
He states that the word “training” on his separation document is impeding
his access to those benefits.

4.  The applicant provides a copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 August 1965.  The application submitted in this case
is dated
8 July 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant enlisted in
the United States Army Reserve for a period of 6 years on 21 November 1963.
 His enlistment contract indicates that in connection with his enlistment
as “a Reserve of the Army” he agreed to a 6 year military service
obligation, that he was required to enter “on 24 months’ active duty within
120 days” and that upon “completion of 24 months’ active duty“ he would
serve satisfactorily in the Ready Reserve.  His enlistment contract notes
that he was enlisting for the 2-year active duty program under the AFRA
(Armed Forces Reserve Act of 1952) and that authority for his enlistment
was Section 261 and Army Regulation 140-111.

4.  On 21 November 1963 orders were issued which “ordered” the applicant
“to active duty” with his consent for 24 months.  The applicant entered
active duty on 21 November 1963 and successfully completed training as an
infantryman.  In September 1964 he was reassigned to a unit in Friedberg,
Germany.

5.  On 19 August 1965 orders were issued releasing the applicant “FR AD
[from active duty] not by rsn [reason] of phys disable [physical
disability]….”

6.  On 20 August 1965 the applicant was released from active duty under an
early separation program for overseas returnees.  Item 19a of his
separation document indicates that his source of entry was “Other – Ordered
to ACDUTRA.”

7.  Army Regulation 140-111, in effect at the time, prescribed the policies
and procedure for enlistment and reenlistment in the Army Reserve.  It
provided an option for males under the age of 26, who had not been ordered
to report for induction into the Army Forces, to enlist for 6 years under
Section 261 of the AFRA, for entry on a 2-year period of active duty within
120 days.  The regulation stated that if found eligible for enlistment
under this program the individual could request to be ordered to active
duty immediately or could request a delay of up to 120 days.  The
regulation also noted that there were other provisions where by individuals
could enlist under various section of the AFRA for lesser periods of
“ACDUTRA.”  However, those periods were consistently for 6 months or less.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was ordered to active
duty under a specific program designed for individuals to enlist in the
Army Reserve for a period of 6 years and to serve 24 months of his Army
Reserve enlistment contract in an active duty status.  Such individuals
were “ordered to active duty” and not ordered to “ACDUTRA.”  The
regulation, under which the applicant enlisted, provided specific instances
in which individuals could enlist in the Army Reserve and be ordered to
active duty for training.  Those periods, however, were consistently for 6
months or less.

2.  In view of the foregoing it would be appropriate to correct item 19a of
the applicant’s 1965 separation document to show that he was “ordered to
active duty” vice, “ordered to ACDUTRA.”

BOARD VOTE:

__MM___  ___KH __  ___LF___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing in item 19a of his 1965
separation document that he was “ordered to active duty” vice, “ordered to
ACDUTRA.”




                            ______Melvin Meyer________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004304                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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