RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20040011695


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), in item 17 (Current Active Service
Other Than by Induction) be changed to reflect active duty service instead
of Active Duty for Training (ACDUTRA).

2.  The applicant states that his oversea service should be counted as
active duty service instead of ACDUTRA.  He further states that his DD Form
214 is incorrect and he filled a full-time position.

3.  The applicant provides:

      a.  A self-authored letter, dated 14 October 2004.

      b.  A copy of his DD Form 214.

      c.  Correspondence from a Member of Congress, dated 4 November 2004.
      d.  A letter from the National Personnel Records Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 February 1970.  The application submitted in this case is
dated 10 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 records show that he initially enlisted in the
Louisiana National Guard on 19 February 1965 for a period of 6 years.  This
DD Form 214 shows the applicant was ordered to Active Duty for Training
(ACDUTRA) for the period 3 April 1965 through 1 October 1965.  He was
trained and was awarded the military occupational specialty 76D20 (Supply
and Parts Specialist).

4.  The applicant’s records contain a letter from the commander of 309th
Chemical Company, Ellington Air Force Base, Texas.  This letter advised the
applicant that when he moved from Texas to Louisiana, he failed to complete
an Army Reserve Change of Address Report.

5.  On or about 18 January 1968, the applicant joined the Texas Army
National Guard (TXARNG).  He was assigned to the 808th Engineer Company in
Pasadena, Texas.

6.  On 26 February 1968, the commander of the TXARNG 808th Engineer
Company, notified the applicant, by certified letter, that he had missed
four regularly scheduled assemblies and that he was subject to a reduction
in grade and to being involuntarily ordered to active duty.

7.  A DD Form 44 (Record of Military Status of Registrant), dated 18 March
1968 shows the applicant’s commander officially declared him as an
unsatisfactory unit participant based on his failure to attend drills.

8.  On 14 May 1968, the commander of the 808th Engineer Company forwarded a
memorandum, dated 14 May 1968 to the Commanding General, Fourth United
States Army, Fort Sam, Houston, which stated the applicant had been
assigned to the unit for four months and had not attended a single drill.
He further stated that the applicant was judged to be an unsatisfactory
participant and recommended that the applicant be ordered to active duty
for 18 months.

9.  Letter Orders Number A-7-1933, Headquarters, Fourth United States Army,
Fort Sam Houston, Texas, dated 17 July 1968, show the applicant was
involuntarily ordered to active duty with a report date of 26 August 1968.

10.  A DD Form 220 (Active Duty Report), dated 29 August 1968 refers to
Letter Orders Number A-7-1933 which specifically stated the applicant was
being involuntarily ordered to active duty.  The block for ACDUTRA is
marked through (it appears this block was originally checked by mistake and
then blacked out).
Additional copies of this document shows the same items are lined through
with a black marker.

11.  The applicant’s records contain an additional DD Form 214 which shows
in item 17a (Current Active Service Other Than By Induction) shows the
applicant was ordered to ACDUTRA for 18 months and 1 day.  Item 30
(Remarks) shows the applicant was relieved from active duty and returned to
the State control as a member of the Army National Guard of Louisiana to
complete his remaining obligation of 1 year and 12 days.

12.  The applicant provided a self-authored letter in which he stated, in
part, that he is requesting a copy of the orders sending him back on active
duty.  He explained that the Alexandria Louisiana Veterans Medical Center
will not accept him because when he was sent overseas his records show it
was for training.  He further explained that he already had his MOS in
supply; however, his DD Form 214 shows he was on Active Duty for Training
which is incorrect because he was working in Germany as a supply clerk and
it was not training.

13.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service.  It establishes standardized policy for the preparation of the DD
Form 214.  It states that the DD Form 214 is a synopsis of the soldier’s
most recent period of continuous active duty.  It provides a brief, clear-
cut record of active Army service at the time of release from active duty,
retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was ordered to ACDUTRA from
3 April 1965 through 1 October 1965.  Upon completion of his training he
was awarded the MOS 76D20 and transferred to the Louisiana National Guard.
The applicant joined the TXARNG in January 1968.  However, he failed to
attend drills, and as a result, he was involuntarily ordered to active
duty.

2.  Evidence of record shows the applicant already held the MOS 76D20 when
he was involuntarily ordered to active duty.  As such, he was utilized on
active duty in the MOS in which he held at that time.  Therefore, his
active duty for the period 26 August 1968 to 6 February 1970 would not have
been ACDUTRA because he was already qualified in his MOS.

3.  It appears an administrative error was made on the applicant’s
paperwork when he was involuntarily ordered to active duty.  The
applicant’s DD Form 220 show the block for ACDUTRA was checked and lined
through with a black marker and an “X” was placed in the Active Duty block.
 His DD Form 214 in item 17a shows “ordered to ACDUTRA for 18 Months and 1
day.”  However, item
30 shows the applicant was relieved from active duty and returned to the
Army Reserve to complete his remaining obligation of 1 year and 12 days.
Therefore, the applicant is entitled to correction of his DD Form 214, in
item 17a, to show he was on active duty for the period 26 August 1968
through 6 February 1970.





4.  The applicant is advised that it is not with the purview of the ABCMR
to grant medical benefits administered by the Department of Veterans
Affairs (DVA).  Claims of entitlements to DVA medical benefits should be
made to the agency in accordance with its governing laws and regulations.

BOARD VOTE:

___LE  __  __PMS__  __LGH__  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 amending item 17a (Current Active
Service Other Than By Induction) of the applicant’s DD Form 214 with an
effective date
6 February 1970 to show the applicant was ordered to active duty for the
period 26 August 1968 through 6 February 1970.











                            ______Lester Echols     ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011695                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |10050929                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |115.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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