RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 November 2005
      DOCKET NUMBER:  AR20050002592


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 report of separation (DD Form 214) be
corrected to reflect that the time he served at Fort Ord, California, was
not for training, but was active duty service.

2.  The applicant states that the time he spent at Fort Ord after
completing his Field Artillery Basic Officer Course at Fort Sill, Oklahoma,
was not training but was active duty service and should be reflected as
such.  He continues by stating that Fort Sill was his first duty station
and that he served as an instructor of infantry recruits.

3.  The applicant provides a copy of his DD Form 214 and a letter to his
legislative representative.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 September 1958.  The application submitted in this case is
dated 10 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.  He was commissioned as a Reserve commissioned officer in the rank of
second lieutenant on 21 December 1957 and was detailed an artillery branch
officer.

4.  He was ordered to active duty for training (ACDUTRA) for 6 months for
the period of 6 March to 5 September 1958 and was transferred to Fort Sill
to attend the Field Artillery Officer Basic Course (FAOBC), with a report
date of 10 March 1958.  His orders specified that upon completion of his
ACDUTRA, unless sooner relieved by proper authority, he would be relieved
from ACDUTRA and returned to his home of record.

5.  Upon completion of the FAOBC on 9 July 1958, he was granted 22 days of
leave before being attached to Fort Ord, California, on 31 July 1958.  He
was unassigned for 5 days before being assigned as a platoon leader (in an
attached status) to a training company.  His orders also contained the
names of 30 other officers who were attached to various other installations
for the same purpose.

6.  On 5 September 1958, he was honorably released from ACDUTRA and was
transferred back to the United States Army Reserve (USAR).  He had served
6 months of ACDUTRA and had a total of 8 months and 15 days of service.

7.  The applicant also received an Army Reserve Officer Evaluation Report
on 5 September 1968, which rated him for ACDUTRA for the period of 5 August
to 5 September 1968.

8.  He continued to serve as an artillery officer until 10 August 1961 when
he was assigned to a General Hospital in Vancouver, Washington, for duty as
a field medical assistant.  He was attending dental college at the time.

9.  In April 1964 he was assigned as a dental officer and on 19 December
1964, he was promoted to the rank of captain in the Dental Corps.

10.  On 29 April 1968, the applicant was notified that he had failed to
accrue the required number of points to be retained in the USAR.  The
applicant elected to be honorably discharged from the USAR due to non-
participation.  Accordingly, he was honorably discharged on 15 May 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service at Fort Sill was not for
the purpose of ACDUTRA has been noted and found to be without merit.  The
applicant’s initial orders specified that he was being ordered to ACDUTRA
for a period of 6 months unless sooner released by the appropriate
authority.

2.  When he finished his FAOBC, he was attached to Fort Ord for further
duties which were considered to be additional training with troops.  This
is further supported by the fact that he was specifically rated for ACDUTRA
for the period he was at Fort Ord.

3.  While the applicant may not agree that he was receiving training
because he was performing as a platoon leader, the experience he gained was
in fact
on-the- job training that was provided to Reserve officers prior to being
released back to their USAR commands and they were rated on their
performance accordingly.  Accordingly, the entire 6 months he served on
active duty was properly deemed ACDUTRA and the applicant has failed to
show through the evidence submitted or the evidence of record that his
service at that time was intended to be anything other than ACDUTRA.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 May 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 May 1971.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sk____  __mhm___  __lmd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.





2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  Stanley Kelley
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002592                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.113.0000              |233/AD SVC                              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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