RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050002109


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Item 17 (Current Active Service Other Than
by Induction), b. (Source of Entry), of his 23 May 1969 DD Form 214 (Armed
Forces of the United States, Report of Transfer or Discharge), be
corrected.

2.  The applicant states, in effect, that Item 17, of the DD Form 214,
states that he was, "Ordered to ACDUTRA (active duty for training) for 18
months and 1 day." During this period, he states, he was working in
communications at Headquarters and Headquarters Company, 339th Engineer
Battalion (Construction), Fort Lewis, Washington.  He states emphatically,
he was not in training.  He adds that he does not believe that Army
training is 18 months and 1 day in length.  He had a basic 2 year service
obligation and he states that he had already completed 2 months of basic
combat training and advanced individual training.  He requests that his
DD Form 214 be corrected to show that he was ordered to active duty for
18 months and 1 day.

3.  The applicant provided a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 23 May 1969.  The application submitted in this case is dated
28 September 2004 but was not received for processing until 9 February
2005.

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 limitation 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 record shows that he enlisted in the Oregon Army
National Guard on 20 March 1965.  He was ordered to active duty for
training on 28 April 1965.  The applicant completed basic combat training
and on 24 September 1965 he completed advanced individual training.
After completing all required training, he was awarded the military
occupational specialty (MOS), 36A, Field Communication Crewman.

4.  The applicant was release from active duty for training on 26 September
1965 and was returned to state control as a member of the Oregon Army
National Guard to complete his remaining service obligation of 5 years and
6 months.

5.  On 12 October 1967, Letter Orders Number A-10-1451, Subject: Active
Duty Orders, were published by Headquarters, Sixth United States Army,
Presidio of San Francisco, California.  These orders ordered the applicant
to active duty for 18 months and 1 day.  He was given a reporting date of
23 November 1967 to the US Army Reception Station, Fort Lewis, Washington,
for further assignment to the 339th Engineer Battalion (Construction), Fort
Lewis.

6.  On 22 May 1969, Special Orders 142, paragraph 359 were published by
Headquarters, US Army Personnel Center, Fort Lewis, Washington releasing
the applicant from active duty effective 23 May 1969.

7.  Item 13.a. (Character of Service) shows the applicant was honorably
released from active duty on 23 May 1969.

8.  Item 11.c. (Reason and Authority) shows the applicant was released from
active duty in accordance with Army Regulation 635-200, Section VII,
Chapter 5, in the rank and pay grade, Specialist Four, E-4.  He was given a
SPN (Separation Program Number): 764.

9.  The box, "other," was checked in Item 17 and, the following was
annotated in this item, "Ordered to ACDUTRA for 18 months 1 Day."

10.  Item 30 (Remarks) was annotated and shows the statement, "Released
from active duty (emphasis added) and returned to the US Army Reserve to
complete remaining service of two years 10 months and 2 days."

11.  On 23 May 1969, a DA Form 2376, Notification to State Adjutants
General, Release from Active Duty of Obligated Reservist, was prepared o
notify the Adjutant General, State of Oregon, that the applicant had been
released from active duty and that he should arrive home no later than 2
June 1969.

12.  AR 635-200, Chapter 5, Section VII, applies to the separation of
enlisted personnel with less than 3 months remaining to serve.  Paragraph
5-17, which is contained within this section, in Chapter 5, applies to
Reserve component personnel ordered to ACDUTRA under Reserved Enlistment
Program.  The whole of this paragraph is quoted as follows:  "Commanders
of training installations are
authorized to release Reserve component personnel ordered to ACDUTRA
under Reserve Enlistment Program of 1963 upon completion of MOS training
when training is completed prior to the period of time specified in
ACDUTRA orders provided a minimum period of 4 months' ACDUTRA has been
completed.  Authority (AR 635-200) and SPN 764 for separation will be
included in orders issued effecting early release from ACDUTRA."

13.  AR 635-200, Chapter 5, Section VII, applies to the separation of
enlisted personnel who are released from active duty at the expiration of
their term of service.  The SPN 201 will be included in orders issued
affecting the release from active duty of these Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to active duty for 18 months and 1 day.

2.  The applicant was not a participant in the Reserve Enlistment Program
of 1963.

3.  The separation program number applied to the applicant's DD Form 214
was incorrectly applied.  The SPN 764 was designed to be applied to
participants in the Reserve Enlistment Program of 1963 who were released
from active duty before the expiration of the term for which they were
ordered to active duty for training.

4.  The applicant was not released early from his active duty service
obligation.

5.  The applicant served the full period for which he was ordered to active
duty, 18 months and 1 day.  He was honorably released from active duty at
the expiration of the term for which he was ordered to active duty.  The
authority, AR 635-200, Chapter 5, applied to his release from service;
however, the SPN did not.  The phrase entered in Item 17.a. should have
read, "Ordered to active duty for 18 months and 1 day" with a corresponding
SPN of "201" entered in Item 11.c.

6.  The applicant is entitled to a correction of the incorrectly completed
items of his DD Form 214 as shown below.
BOARD VOTE:

_MKP___  _LDS___  __MJF___  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:

      a.  deleting the SPN 764 currently shown in Item 11.c. and deleting
the phrase, "Ordered to ACDUTRA for 18 months and 1 day" currently shown in
Item 17.a. of the applicant's DD Form 214; and

      b.  entering the SPN 201 in Item 11.c. and entering the Phrase,
"Ordered to active duty for 18 months and 1 day" in Item 17.a. of the
applicant's DD Form 214.




                                       M. K. Patterson     _
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002109                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.   191                |110.0200                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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