RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            25 MAY 2006
      DOCKET NUMBER:   AR20050013629


      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. William Blakely               |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 that his discharge date be changed to 21 August
1966.

2.  The applicant states, in effect, that he had a 6-year obligation when
he enlisted and that he was discharged from the Army on 31 July 1966, prior
to the end of his obligation.  As a result, he cannot qualify for his
Veteran’s benefits.

3.  The applicant provides a memorandum from the Human Resources Command –
St Louis (HRC-STL) indicating that that agency does not have the authority
to change his discharge date, a letter from the Department of Veterans
Affairs indicating that 6 years of service is required in order to be
issued a Certificate of Eligibility, a copy of his report of separation
from active duty (DD Form 214), a copy of his Honorable Discharge
Certificate from the Army of the United States dated 31 July 1966, a copy
of his Honorable Discharge Certificate and orders from the Pennsylvania
Army National Guard (PAARNG), a copy of his report of separation (NGB Form
22) from the PAARNG, and a copy of orders transferring him to the United
States Army Reserve (USAR) Control Group (Annual Training).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1966.  The application submitted in this case is dated
13 September 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 enlisted in the PAARNG on 22 August 1960 for a period of
3 years.  The applicant also acknowledged that he understood that by
enlisting, he incurred an obligation to serve as a member of the Ready
Reserve for a period of 6 years and that he must enter upon 6 months of
initial active duty for training (IADT) within 120 days of enlistment.

4.  He was ordered to IADT on 22 October 1960 and was transferred to Fort
Knox, Kentucky, to undergo his basic combat training (BCT).  He completed
his BCT and was transferred to Fort Bliss, Texas, to undergo his advanced
individual training (AIT) as a heavy air defense artillery fire control
crewman.

5.  He successfully completed his training and was honorably released from
IADT on 21 April 1961.  He had completed 6 months of active service and was
returned to his PAARNG unit, where he remained until he was honorably
discharged on 21 August 1965 and was transferred to the USAR Control Group
(Annual Training) to complete his remaining service obligation of 1 year.

6.  On 31 July 1966, the applicant was honorably discharged from the USAR.
There is no explanation in the available records to show why the applicant
was discharged prior to the completion of his military service obligation.

7.  A review of the applicant’s records show no evidence of any derogatory
or disciplinary action taken against him during his service.

8.  Title 10, United States Code, Section 651, provides, in pertinent part,
that each person who becomes a member of the Armed Forces, shall serve in
the Armed Forces for a total initial period of not less than 6 years and
not more than 8 years.  Any part of such service that is not active duty or
that is active duty for training shall be performed in a Reserve component.
 Generally, discharge of a member before fulfilling a military service
obligation (MSO) shall be permitted only when the Military Department
concerned has determined that the member has no potential for service under
conditions of full mobilization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the PAARNG for a period of 3 years on 22
August 1960 with the understanding that he had a 6-year MSO.  He served 5
years in the PAARNG and was transferred to the USAR for the specific
purpose of fulfilling his MSO of 1 year.

2.  However, for reasons that are not explained in the available records,
he was honorably discharged from the USAR on 31 July 1966, 21 days short of
completing his MSO.

3.  While it appears that he was discharged on 31 July 1966 as a matter of
administrative efficiency, because he was so close to completing his MSO,
the actions to discharge him prior to completing his MSO have served to
deny him benefits that he otherwise would have been entitled to receive had
he been properly discharged on 21 August 1966, on the completion of his
MSO.

4.  Inasmuch as there is no evidence to show that the applicant had no
potential for full mobilization at the time or that there was cause to
discharge him before completion of his MSO, it would be in the interest of
justice to correct his records at this time to show that he continued to
serve in the USAR until he was honorably discharged on 21 August 1966.

BOARD VOTE:

____WB_  ____RO _  ____JP__  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 that he continued to serve in
the USAR until he was honorably discharged on 21 August 1966 instead of 31
July 1966, as currently reflected and that he be issued a new Honorable
Discharge Certificate for his service.




                            ______William Blakely______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013629                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060525                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19610421                                |
|DISCHARGE AUTHORITY     |AR 635-200 / 130-15, SPN 201            |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |190/CHG DISC DATE                       |
|1.110.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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