RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         5 January 2006
      DOCKET NUMBER:  AR20050004382


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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, correction of his NGB Form 22
(National Guard Bureau, Report of Separation and Record of Service in the
Army National Guard of New Jersey), with an effective date of 24 September
1963.

2.  The applicant states, in effect, that the entry in Item 32 (Remarks) of
his NGB Form 22, concerning the date of his Active Duty for Training
(ACDUTRA) is incorrect and should show "19 Oct 58" rather than "19 Oct 59."

3.  The applicant provides a copy of his NGB Form 22, with an effective
date of 24 September 1963, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 September 1963, the date of his discharge from the Amy
National Guard of New Jersey.  The application submitted in this case is
dated 5 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 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 contain a DA Form 24 (Service Record), which
shows that he enlisted in the Army National Guard on 18 September 1958.
Section 4 (Chronological Record of Military Service) of this document
shows, in pertinent part, that the applicant entered active duty for
training on 19 October 1958 and was assigned to Company G, 4th Training
Regiment, Fort Dix, New Jersey.  This document also shows that he was
reassigned to Company P, 1st Training Regiment (Fort Dix) on 3 January
1959.

4.  The applicant's records contain a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
18 April 1959.  Item 19a (Current Active Service Other Than by Induction)
of this document shows the entry “Other: ORDERED FOR 6 MONTHS ACDUTRA".
Item 19c (Date of Entry) contains the entry "19 OCT 58".  This document
also shows that the applicant served honorably and was released from active
duty to return to the Army National Guard of New Jersey on 18 April 1959.

5.  The applicant provides a copy of NGB Form 22 in support of his
application.  Item 32 (Remarks) of this document contains, in pertinent
part, the entry "Completed 6 mos ACDUTRA RFA '55 19 Oct 59 - 18 Apr 59"
(i.e., Completed
6 months Application for Active Duty for Training, Reserve Forces Act 1955,
19 October 1959 (sic) through 18 April 1959).

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 32 of his NGB Form 22
should be corrected because it does not show the correct beginning date for
his ACDUTRA. The applicant provides of a copy of the document in support of
his application.

2.  The evidence of record shows that the applicant entered active duty for
training on 19 October 1958.  The evidence of record also shows that the
applicant was issued a DD Form 214 by the U.S. Army, with an effective date
of 18 April 1959, which officially documents this ACDUTRA.  This document
shows that the period of his active duty for training was from 19 October
1958 through
18 April 1959.

3.  Based on the evidence of record, it is apparent that officials of the
141st Transportation Company (Light Truck), Army National Guard, made a
typographical error when preparing the NGB Form 22 and inadvertently typed
the year as "59" instead of "58".  This is further supported by the fact
the time span that the (erroneous) timeframe reflects is not logical (i.e.,
"19 October 1959 to
18 April 1959").  Therefore, the applicant's state Army National Guard
Records and the applicant’s Department of the Army records should be
corrected to show he completed his six months of active duty for training
from 19 October 1958 through 18 April 1959.

BOARD VOTE:

__WDP__  __TMR  _  __RJF___  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 the state Army National Guard records and
the Department of the Army records of the individual concerned be
corrected, as appropriate, by showing the following correction to the
applicant’s NGB Form 22:

      Item 32.  Remarks
      Delete:  "Completed 6 mos ACDUTRA RFA '55 19 Oct 59 - 18 Apr 59"
      Add:      "Completed 6 mos ACDUTRA RFA '55 19 Oct 58 - 18 Apr 59"





                            ___WILLIAM D. POWERS___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004382                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19620803                                |
|DISCHARGE AUTHORITY     |AR 635-205, Paragraph 2                 |
|DISCHARGE REASON        |Released to ARNG of NJ                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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