RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 February 2007
      DOCKET NUMBER:  AR20060011257


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 type of service he
performed during the period 27 November 1972 to 26 November 1974 be changed
from active duty for training (ADT) to active duty (AD).

2.  The applicant states, in effect, he was an active duty participant of
Office of Secretary of Defense (OSD) Test-4 as a member of the cadre at a
Reserve unit.  He states that after the 2-year test, he should have been
separated from AD for his service time.

3.  The applicant provides his separation document (DD Form 214) in support
of his application.  He also refers to a certificate stating his time of
service and noting his assignment to Company D, 187th Support Battalion as
active duty cadre; however, this document was not included with the
application that arrived for Board review.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 November 1974, the date of his separation.  The
application submitted in this case is dated 19 July 2006.

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 record shows that on 27 November 1972, while serving as
a member of the United States Army Reserve (USAR), he was ordered to ADT by
Headquarters, First United States Army, Fort George G. Meade, Maryland,
Letter Order Number T-11-114, dated 24 November 1972.  This order, as
amended, indicated that the period of ADT would be 24 months and that the
applicant would be attached to Headquarters Company, United States
Garrison,
Fort Devens, Massachusetts, with duty at Company D (MT), 187th Support
Battalion, Leavitt Street, Hingham, Massachusetts.  His report date was
established as not later than 27 November 1972, and the purpose of his ADT
was identified as OSD Test-4 Program.

4.  On 26 November 1974, the applicant was honorably released from ADT
after completing the required 2 years of service.

5.  Army Regulation 635-5 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.  It states, in
pertinent part, that the Type of Separation entry will be one of the
following:  Release from active duty; Discharge; Retirement; Release from
active duty and order to active duty in another status; Release from ADT;
Release from custody and control of the Army;  Release from ADT and
discharge from the Reserve of the Army and return to the ARNG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service during the period 27
November 1972 through 26 November 1974 should have been reported as AD
instead of ADT was carefully considered.  However, there is insufficient
evidence to support this claim.

2.  The evidence of record includes Headquarters, First United States Army,
Fort George G. Meade Letter Order Number T-11-114, which confirms the
applicant was ordered to ADT for 24 months to participate in the OSD Test-4
Program.  There is no indication that there was any error or injustice
related to his order to active duty, or that his assignment required a
status other than ADT.   Therefore, absent any evidence of error or
injustice related to his active duty status during the period in question,
there is an insufficient evidentiary basis to support granting the
requested relief.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 November 1974, the date of his
release from ADT.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 25 November 1977.  He
failed to file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MDM_  ___JTM _  __QAS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Mark D. Manning____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011257                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1974/11/26                              |
|DISCHARGE AUTHORITY     |10 USC 672d                             |
|DISCHARGE REASON        |Release from ADT                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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