RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040009504


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 be issued a DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) for his
period of active duty during the period from 22 June 1968 through 30 July
1968.

2.  The applicant states, in effect, that he never received a DD Form 214
for this period and that he needs the DD Form 214 so he can receive
veteran’s benefits.

3.  The applicant provides a copy of:

      a.  his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) with an effective date of 16 April 1964;

      b.  his DD Form 220 (Active Duty Report) that shows his effective
date of entry on active duty as 22 June 1968; and

      c.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington
Special Orders Number 212, that shows the applicant was released from
active duty on 30 July 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 July 1968, the date of his release from active duty.  The
application submitted in this case is dated 25 October 2004 and was
received on 3 November 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's military records show that he enlisted in the Minnesota
Army National Guard on 17 September 1963 for a period of 6 years.  He was
placed on active duty on 17 October 1963.  He successfully completed basic
combat and advanced individual training and was awarded the military
occupational specialty 111.00 (light weapons infantryman).  He was released
from active duty on
16 April 1964 and returned to the Minnesota Army National Guard.  He had
completed 6 months and 20 days of active service characterized as
honorable.
4.  On 18 December 1967, the applicant was discharged from the Minnesota
Army National Guard and reverted to U.S. Army Reserve (USAR) control to
complete his remaining period of enlistment.

5.  The Office of the Adjutant General, U.S. Army Administration Center,
St. Louis, Missouri, on Letter Orders 02-106665, dated 13 February 1968,
assigned the applicant to USAR Control Group Annual Training.

6.  The Office of the Adjutant General, U.S. Army Administration Center,
St. Louis, Missouri, on Letter Orders A-05-4079044, dated 10 May 1968,
ordered the applicant to active duty for 24 months, less amounts of active
duty previously performed, unless sooner relieved by proper authority.

7.  Commander, U.S. Army Administration Center, St. Louis, Missouri message
171730Z Jul 68 stated that the applicant was erroneously ordered to
involuntary active duty.  The message also stated that the criteria for
"this call-up provided for exemption for reservist with three or more
dependents."  The message directed that the applicant be released from
active duty and returned to his home by reason of dependency.

8.  On 30 July 1968, the applicant was released from active duty due to
dependency.  He had served 42 days of active duty.

9.  Army Regulation 635-5 (Separation Documents), then in effect,
establishes the standardized policy for preparing and distributing the DD
Form 214.  This regulation states, in pertinent part, that a DD Form 214
will be issued at the time of separation to each member of the Reserve
components, and the Army of the United States (AUS) without component,
called or ordered to active duty or active duty for training (ACDUTRA) for
a period of 90 days or more.

10.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other
Than a Presidential Selected Reserve Call-up, Partial or Full
Mobilization), then in effect, prescribes the polices, responsibilities,
and procedures for ordering individual soldiers of the Army National Guard
of the United States and the US Army Reserve to active duty during
peacetime.  This regulation states, in pertinent part, 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.  This regulation further states
that a DD Form 214 will be issued on release from temporary tours of active
duty (TTAD) of 90 days or more and a DD Form 220 will be issued for TTAD of
89 days or less.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be issued a DD Form 214  for his
period of active duty during the period from 22 June 1968 through 30 July
1968.

2.  The regulation states that a DD Form 214 will be issued to members of
the Reserve Components for periods of active duty or ACDUTRA over 90 days.
The applicant's period of service was 42 days.  Therefore, there is no
requirement for a DD Form 214 to be issued in this case.

3.  However, a DD Form 220 should have been issued for the period of active
service during the period from 22 June 1968 through 30 July 1968.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 30 July 1968, the date of his release from active
duty; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 29 July 1971.  The
applicant did not file within the 3-year statute of limitations.  However,
his compelling evidence shows that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___kan__  ___wdp__  ____mt__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 a fully
constituted DD Form 220 to show the applicant served on active duty from 22
June 1968 through 30 July 1968.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the issuance of a
DD Form 214.




                                  _________Kathleen A. Newman_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040009504                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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