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ARMY | BCMR | CY2005 | 20050016521C070206
Original file (20050016521C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050016521


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 records be corrected to
show that he was ordered to active duty due to mobilization of his Reserve
unit, not for the purpose of active duty for training (ACDUTRA).

2.  The applicant states that his period of service, from 29 April 1968
through 23 September 1968, was regular active duty, not active duty for
training.

3.  The applicant provides copies of a 23 September 1968 DD Form 214
(Report of Transfer or Discharge), two Letters of Commendation, and 10
pages from his service medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 September 1968, the date of his discharge.  The application
submitted in this case is dated 14 November 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 records show the applicant enlisted in the United States Army
Reserve (USAR) on 28 April 1966.  He was ordered to active duty for
training (ACDUTRA) on 25 July 1966, completed training, and was released
back to his USAR unit on 14 December 1966.

4.  The applicant served successfully in his Reserve unit from 15 December
1966 through 28 April 1968.

5.  A 21 April 1968 Standard Form 88 (Report of Medical Examination)
indicates the applicant was afforded a medical examination for the purpose
of entering onto active duty.  The examination indicated that the applicant
was not qualified but did not specify why.  It did show that he had
elevated blood pressure readings.

6.  A DA Form 20 (Enlisted Qualification Record) indicates that, on
29 April 1968, the applicant was involuntarily ordered to active duty for
24 months due to mobilization of his unit for the purpose of a rapid
deployment.

7.  On 4 May 1968 the applicant signed a nondisclosure statement that his
unit was to be deployed to the Pacific Theatre of Operations.

8.  A 15 May 1968 Standard Form 502 (Clinical Record – Narrative Summary)
indicates that the applicant was hospitalized during the period 13 – 15 May
1968 for the purpose of medical observation for elevated blood pressure in
conjunction with a call to active duty.  The attending physician indicated
that the applicant's unit had been activated two weeks prior and was due to
be transferred to Fort Eustis, Virginia in two days.

9.  A 21 May 1968 Headquarters Third United States Army letter indicated
that the applicant's physical examination was incomplete.  It notes that
the applicant's Reserve unit was "newly activated."

10.  An undated Standard Form 502 indicates that the applicant had been
called back to active duty and was currently serving on active duty at Fort
Eustis, Virginia.  The medical findings indicated that the applicant was
suffering from severe hypertension and recommended he be referred to a
Medical Evaluation Board (MEB).

11.  The applicant underwent an MEB on 12 August 1968 and was referred to a
Physical Evaluation Board (PEB).

12.  The PEB found him physically unfit for continuation on active duty due
to a medical condition that existed prior to his entry onto active duty.

13.  The applicant received a Letter of Commendation on 26 August 1968 from
the Executive Officer, 451st Transportation Company, Fort Eustis, Virginia
for his work during an Inspector General inspection.

14.  He received a Letter of Commendation from the Headquarters Platoon
Leader, 451st Transportation Company, Fort Eustis, Virginia on 13 September
1968 for outstanding performance.

15.  The applicant was discharged due to physical disability on 23
September 1968 having served on active duty for 4 months and 25 days.

16.  The 23 September 1968 DD Form 214 indicates at Item 17 (Current Active
Service Other Than by Induction) that the applicant had been “Ordered to
ACDUTRA."

DISCUSSION AND CONCLUSIONS:

1.  With the exception of the notation at Item 17 on the DD Form 214 all of
the applicant's records clearly show he was ordered to active duty as a
part of a mobilization, not active duty for training.

2.  Therefore, the record should be corrected to show that the applicant
was ordered to active duty due to unit mobilization.

BOARD VOTE:

________  ________  ________  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 showing in Item 17 the applicant was
ordered to active duty due to unit mobilization.




                            ______________________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016521                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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