RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:                              22 DEC 2005
      DOCKET NUMBER:         AR20050003438


      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. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 his report of separation (DD
Form 214) be corrected to reflect that the time he served on active duty
from 30 April 1960 to 29 October 1960 was active duty service and not
active duty for training (ACDUTRA).

2.  The applicant states, in effect, that he was ordered to active duty
after he was commissioned at Clemson University and was sent to Fort Sill,
Oklahoma to attend the Field Artillery Officer Basic Course (FAOBC) and
then to Fort Jackson, South Carolina, where he served as an executive
officer for a basic training company.  He continues by stating that his DD
Form 214 incorrectly reflects that service as ACDUTRA and it now prevents
him from obtaining eligibility for Department of Veterans Affairs (VA)
benefits.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 October 1960.  The application submitted in this case was
received on 9 March 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.  On 30 October 1959, orders were published at Headquarters, Third United
States Army, Fort McPherson, Georgia, which ordered the applicant to active
duty for training (ACDUTRA) for a period of 6 months, effective 30 April
1960.  The orders directed the applicant to report to Fort Sill, Oklahoma,
no later than 2 May 1960, for the purpose of attending the FAOBC for a
period of 12 weeks.

4.  He was commissioned as a United States Army Reserve (USAR) Artillery
second lieutenant on 29 January 1960.  He entered ACDUTRA on 30 April 1960
and reported to Fort Sill as ordered.  He completed the FAOBC and was
transferred to Fort Jackson, South Carolina, where he remained until he was
honorably released from ACDUTRA on 29 October 1960.  He had served 6 months
of ACDUTRA and he received a Reserve Officer Evaluation Report at the time
of his release from active duty for training covering the period from
27 July to 29 October 1960.  That report specified that the rated time was
for ACDUTRA.

5.  He remained in the USAR, attained the rank of captain on 27 January
1967, and was honorably discharged on 25 June 1969, due to insufficient
retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his active service 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 Jackson 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 Jackson.

3.  While the applicant may not agree that he was receiving training
because he was performing duties in a basic training company, 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.  Therefore, 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 25 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 June 1972.  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

____TK__  ____RD_   ___JM__  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.




            ______Ted Kanamine________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003438                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR 140-220, SPN 500, Sec VIII           |
|DISCHARGE REASON        |Expiration of AD Commitment             |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189.CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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