RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20050018210


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Mr. David K. Haasenritter         |     |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 the entry in item 11a (Type of
Transfer or Discharge) of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected.

2.  The applicant states, in effect, that the word "Training" implies to
the Veterans Administration (VA) that he only trained for 6 months.  He
states that he actually had 8 weeks of basic combat training and he was a
mechanic in the motor pool for the remainder of his time on active duty.

3.  The applicant provides:

      a.  a copy of his DD Form 214;

      b.  a copy of a letter to his state representative; and

      c.  a copy of a letter from the South Shore Auto Parts Company, dated
 
8 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error of in
justice which occurred on 6 April 1957, the date of his release from active
duty.  The application submitted in this case is dated 12 December 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 military records are not available for review.  A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973.  It is believed that the applicant's
records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  The applicant's records show that he entered active duty on 7 October
1956. He trained and served for 6 months and 25 days as a 640 (Light
Vehicle Driver) and was released from active duty and transferred to the
Army Reserve on  
6 April 1957.  In item 32 (Remarks) of his DD Form 214 the entry RFA 55 6-
MO ACDUTRA is made.

5.  In the applicant's letter, he merely states that the VA denied his
request for benefits based on the entry in item 11a of his DD Form 214.

6.  The letter from the South Shore Auto Parts Company was a reference
letter in support of the applicant's search for employment.

7.  Army Regulation 635-5 (Separation Documents) in effect at that time,
states that if the enlisted person entered on active duty from the Army
Reserve and is being separated from active duty prior to the expiration of
his enlistment or obligated service in the Army Reserve, the entry,
"Released to USAR (see 32)" will apply.  This same regulation further
states that if item 11a indicates that the enlisted person was released
from active duty and returned to the Army Reserve, enter in item 32,
"Released from active duty and returned to Army Reserve to complete
remaining service obligation."

8.  The main purpose of the Reserve Forces Act of 1955 was to strengthen
the Reserve Forces and the National Guard.  The act reduced the 8-year
statutory military service obligation to 6 years, increased the Ready
Reserve manpower ceiling from 1,500,000 to 2,900,000, authorized the
President to order up 1,000,000 Ready Reservists in an emergency proclaimed
by him, established a six-month training program, and made schooling
available in 200 key occupational fields.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that item 11a of his DD Form 214 be corrected
because it implies to the VA that he was released from active duty for
training for only 6 months.

2.  The evidence shows that the entry "Relief from active duty training  
(see 32)" in item 11a of the DD Form 214 was entered in error.  The correct
entry in item 11a should have been "Released to USAR (see 32)."  At the
time of his separation, the applicant still had a Reserve obligation of 7
years and 5 months remaining.  In addition, the entry in item 32 should
have been "Released from active duty and returned to Army Reserve to
complete remaining service obligation."

3.  However, it appears from the available evidence that the applicant was
performing the 6-month active duty for training prescribed by the Reserve
Forces Act of 1955.

4.  The Department of Veterans Affairs determines entitlement to various
benefits for Reservists serving on active duty for 30 days or more of
active duty.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 April 1957; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
6 April 1960.  The applicant did not file within the ABCMR’s statute of
limitations. However, due to his compelling evidence shows that it would be
in the in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

___dkh__  ___jkr___  ____sapn_  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: "Released to USAR (see 32)"
in item  
11a; and "Released from active duty and returned to Army Reserve to
complete remaining service obligation" in item 32 of his DD Form 214.




                            _________Susan A. Powers_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018210                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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