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ARMY | BCMR | CY2005 | 20050004545C070206
Original file (20050004545C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050004545


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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 item 17a (Current Active Service Other Than By
Induction) on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) be amended by deleting the entry "ADUCTRA" (sic)
[active duty for training] and by adding the entry "SEL SVC" [Selective
Service]."

2.  The applicant states that he was inducted into the Army as a draftee
and was not a Reservist or assigned to a Reserve unit.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 January 1972.  The application submitted in this case is
dated 12 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 personnel records contain a Standard Form 88 (Report of
Medical Examination) dated 12 February 1969 (sic) which shows he was
medically qualified for enlistment/induction into the Army.  His DD Form 47
(Record of Induction) shows he was inducted into the Army on 17 March 1970.

4.  Department of the Army, Armed Forces Entrance and Examining Station
Special Orders Number 53 dated 17 March 1970 show the applicant was
inducted into the Army in grade of private E-1 with an effective date of 17
March 1970.

5.  The applicant was released from active duty on 10 January 1972 and was
transferred to the U.S. Army Reserve Control Group (Annual Training) on the
date following.  His DD Form 214 shows the Block "Other" was checked and
shows the entry "ADUCTRA" (sic) in item 17a.


6.  Army Regulation 635-5 (Separation Documents) governs 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.  In the version in effect at the
time, it directed that the appropriate space would be checked to indicate
means of entry on current active service.  For ACDUTRA personnel, "other"
was checked and "Ordered to ACDUTRA" was entered in item 17a of the DD Form
214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the Army
on 17 March 1970.

2.  Although the applicant was not ordered to active duty from a Reserve
component, his DD Form 214 incorrectly reflects the entry "ADUCTRA" (sic)
and the Block "Other" is checked item 17a.  Therefore, it would be
appropriate to delete the entry "ADUCTRA" from item 17a on his DD Form 214.

3.  Item 17a on the DD Form 214 only reflects current active duty service
other than by induction.  Therefore, there is no basis for amending this
item to show the entry "SEL SVC."

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
9 January 1975.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS______  LS______  KL______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 deleting the entry
"ADUCTRA" from item 17a on his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the entry "SEL SVC" to item 17a on his DD Form 214.




                            John Slone____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004545                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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