RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060011684 


	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.



	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 "RFA ‘55 6 MOS ACDUTRA" be removed from block 32 "Remarks" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that 62 percent of the time he was on active duty he worked in a supervisory capacity.  He maintains that as an Army platoon leader his duties and responsibilities were the same as other assigned platoon leaders.  The applicant states that his orders assigning him to Fort Bragg, North Carolina in April 1958 did not specify ACDUTRA (active duty for training) assignment.  He concludes that he believes his assignment as a platoon leader in the 20th Engineer Brigade at Fort Bragg for 16 weeks qualifies him for burial privileges at the Dallas-Fort Worth National Cemetery.

3.  The applicant provides Congressional correspondence, summary of his service with a calendar, DA Form 66 (Officer Qualification Record), letter of appreciation, Honorable Discharge Certificate, orders, and DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 July 1958.  The application submitted in this case is dated            7 August 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 he was appointed as a Reserve commissioned officer in the grade of second lieutenant on 2 August 1957 and entered active duty on 11 January 1958.  He was awarded primary military occupational specialty 1328 (Construction Engineer Unit Commander).  On   
10 July 1958 he was honorably transferred to the United States Army Reserve (USAR). 


4.  The applicant’s DD Form 214 shows his last duty assignment as Company B 92d Engineer Battalion, Fort Bragg, North Carolina.  In item 19 "Current Active Service Other Than By Induction" the block "Other" is checked with the comment of "Ordered for 6 months ACDUTRA" entered.  Item 24a(1) lists the applicant’s net service this period as 6 months.  In the "Remarks" column the comment of "RFA ’55 6 Months ACDUTRA" is listed.

5.  Congressional correspondence between the applicant and his Congressman shows that the applicant solicited the Congressman’s aid in determining his (applicant) eligibility for burial at the Dallas-Fort Worth National Cemetery.

6.  The applicant provided a letter of appreciation dated 6 June 1958 from the Chief of Staff, XVIII Airborne Corps, Fort Bragg that was further endorsed through his chain of command.  The letter of appreciation cited the applicant’s outstanding contributions in support of Headquarters, XVIII Airborne Corps on Exercise Cumberland Hills.

7.  The applicant’s DA Form 66 shows that on 11 January 1958 he was a student at the Engineer Officer Basic Course.  On 10 April 1958 he was assigned as a platoon leader for Company B, 92nd Engineer Battalion, Fort Bragg, North Carolina.

8.  Special Orders Number 40 dated 26 February 1958 shows that the applicant was released from Fort Belvoir, Virginia, and attached to the 20th Engineer Brigade, Fort Bragg, North Carolina, effective 24 March 1958.

9.  The applicant’s records contain an "Extract" from Headquarters Third United States Army, Fort McPherson, Georgia that stated he was "ordered to active duty for training for a period of six (6) months."  The extract also shows the effective date of ACDUTRA and the date Released from ACDUTRA (RFA) as 
11 January 1958 to 10 July 1958.  Additionally, the extract shows that the applicant was attached to the Engineer School, Fort Belvoir, Virginia, to attend the Engineer Officers Basic Course, approximately 13 weeks, reporting no later than 1700 hours on 16 January 1958.  

10.  Army Regulation 635-5 (Personnel Separations) in effect at the time, established standardized procedures for preparation and distribution of the 
DD Form 214.  The regulation states, in pertinent part, for all 6-months ACDUTRA personnel to enter in item 32 capital letters or stamp "RFA ’55 6-mo. ACDUTRA."


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was ordered to active duty to complete 6 months of active duty training as a USAR officer.  The fact that he served as a platoon leader does not change his training status.  

2.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 July 1958; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
9 July 1961.  The applicant did not 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

__JM ___  ___TR___  ___RN __  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.




_____   John Meixell_________
          CHAIRPERSON




INDEX

CASE ID
AR20060011684
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
135.00
2.

3.

4.

5.

6.