RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20040005518


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 he receive DD Forms 214 (Armed
Forces of the United States Report of Transfer or Discharge) for periods of
active duty service from 23 March 1958 to 23 September 1958 and 29 November
1961 to 28 November 1963.

2.  The applicant states he could not find his records.

3.  The applicant provides a copy of ARPC Form 2496-E (Statement of
Service), dated 23 December 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 November 1963.  The application submitted in this case
is dated 25 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.  The applicant served both as an enlisted man and as an officer in the
Army National Guard (ARNG) and the U.S. Army Reserve (USAR).  Evidence of
record indicates he originally enlisted in the South Carolina Army National
Guard (SCARNG) on 3 February 1958 and was ordered to active duty for
training (ADT) for the 6-month period 23 March 1958 through 23 September
1958.

4.  On 5 June 1959, the applicant was discharged from the SCARNG in order
to enlist in the USAR and enroll in the Reserve Officers' Training Corps
(ROTC) program on 6 June 1959.  He was subsequently discharged on 2 June
1961 in order to accept an appointment as a commissioned officer in the
USAR on 3 June 1961.

5.  The applicant served on active duty as an officer.  His record shows,
on 5 November 1963, he submitted a DA Form 1049 (Personnel Action)
requesting release from active duty.  His company commander recommended
approval stating, "[Applicant] reported for active duty on 29 November 1961
in an obligation voluntary USAR status, and will have no commitment after
28 November 1963."

6.  The applicant's record is missing the actual approval of his request
for release from active duty, discharge orders, and DD Form 214.  However,
evidence of record indicates he was separated from active duty on 26
November 1963 per paragraph 18, Special Order 243, Headquarters, US Army
Armor Center, Fort Knox, Kentucky.

7.  On 7 August 1964, the Chief, Army National Guard Bureau prepared NGB
Form 03D which stated the applicant served as a USAR officer on active duty
for the period 29 November 1961 to 28 November 1963.

8.  The applicant has apparently been attempting to get his active service
verified and/or corrected for quite some time as evidenced by his numerous
inquiries on his own and through Members of Congress.  The most recent
reply to a Member of Congress from the U.S. Army Human Resources Command
(HRC) – Alexandria, dated 2 June 2004, indicates the applicant is entitled
to be issued
DD Forms 214 for each of the 2 periods of service in question.  This
correspondence indicates there is no evidence he was on active duty from
29 November 1961 to 9 January 1962.  He was advised to apply to the ABCMR
for relief.  He was furnished a packet of information and advised to
provide appropriate evidence to the Board.  However, he did not enclose the
packet with his current application.

9.  Subsequent to 29 November 1963, the applicant continued to serve as an
officer in the USAR and ARNG.  He was finally discharged from his last
period of service in the USAR on 30 December 1982.  There is no evidence of
any other subsequent service.

10.  Army Regulation (AR) 635-5 (Personnel Separations – Administrative
Separation Procedures and Forms), then in effect, prescribed uniform
administrative procedures and separation forms to be used in connection
with the relief from active duty or complete separation from the military
service of commissioned officers, warrant officers, and enlisted personnel.
 It provided, in pertinent part, DD Form 214 would be issued at the time of
separation to each officer and enlisted person discharged, retired,
relieved from active duty, or released from 6 months active duty for
training.

11.  AR 135-210 prescribes the polices, responsibilities, and procedures
for ordering individual Soldiers of the Army National Guard of the United
States and the U.S. Army Reserve to active duty during peacetime.
Paragraph 2-28 states that the DD Form 220 (Active Duty Report) will be
prepared by the first active duty (AD) station commander as soon as the
Soldier reports.  Paragraph 3-14 states that a DD Form 214 will be issued
on release from temporary tours of active duty (TTAD) of 90 days or more
and DD Form 220 will be issued for TTAD of 89 days or less.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the SCARNG, he obviously had to enter on
ADT.  The record shows ADT service from 23 March 1958 to 15 September 1958.
 Both the ARPC Form 2496-E and the HRC reply to a Member of Congress
confirm he is entitled to DD Form 214 credit for this period of service.
Therefore, it would be appropriate to correct his records to credit him
with this period of active duty and issuing him the appropriate document or
a DD Form 214.

2.  There are no orders showing the applicant actually reported on active
duty as an officer on 29 November 1961.  There are orders showing a
reporting date of 9 January 1962; however, this date is incorrectly
reflected as 9 June 1962 on ARPC Form 2496-E.

3.  Notwithstanding the above, there is compelling evidence to show that
the applicant did report on active duty on 29 November 1961.  His company
commander indicates this was his entry date on his Request for Release from
Active Duty.  Additionally, the Chief, National Guard Bureau indicated he
entered on active duty on 29 November 1961.  The date of 9 January 1962 may
have been published erroneously and subsequently amended.  The lack of
official records at this late date should not be held against the
applicant.  Therefore, in the interest of justice, he should be credited
with active duty service as an officer for the period 29 November 1961 to
28 November 1963 by issuing to him the appropriate document or DD Form 214.

BOARD VOTE:

__rtd___  __lvb___  __clg___  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 issuing him the appropriate documents
or DD Forms 214 for the periods of 23 March 1958 to 15 September 1958
(enlisted service) and 29 November 1961 to 28 November 1963 (commissioned
service).



                                  Curtis L. Greenway
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005518                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0000                                |
|2.                      |110.0400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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