RECORD OF PROCEEDINGS


	IN THE CASE OF:	  .


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060011761 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan A. Powers

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, correction of his discharge document to show that he was ordered to active duty.

2.  The applicant states, in effect, that he was involuntarily ordered to active duty by direction of the President for 1 year and 7 months; however, his discharge document shows that he was ordered to active duty for training (ACDUTRA).  The applicant also states, in effect, that as a result of this error he is currently ineligible for medical benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides a Trempealeau County, Veterans' Service Office, Whitehall, Wisconsin letter, dated 9 August 2006; 2 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), with effective dates of 7 November 1964 and 20 October 1969, and Headquarters, Fifth United States Army, Fort Sheridan, Illinois, Letter Order ALFAG-ZE A-03-1666, dated
21 March 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 20 October 1969, the date of his separation.  The application submitted in this case is dated 27 October 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 service records show that he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 7 April 1964.  On 27 June 1964, he was ordered to ACDUTRA for a period of 6 months.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 711.1 (Clerk Typist).  The applicant was honorably released from ACDUTRA on 7 November 1964 after completing
4 months and 11 days net active service.

4.  The applicant's military service records contain a DD Form 214, with an effective date of 7 November 1964.  This document shows in Item 19 (Current Active Service Other Than By Induction - Source of Entry) that an "X" was typed in the block indicating "Other", along with the typed entry "Ordered for 6 Mos ACDUTRA."  Item 11a (Type of Transfer or Discharge) shows the entry "Reld fr AD Tng (See # 32)" (i.e., Released from Active Duty Training, See Item 32).  Item 32 (Remarks), in pertinent part, contains the entry "Item 11a:  Released from active duty training and returned to XI U S Army Corps to complete remaining military obligation of 5 years 4 months 29 days."

5.  The applicant's military service records contain a copy of Headquarters, Fifth United States Army, Fort Sheridan, Illinois, Letter Order ALFAG-ZE A-03-1666, dated 21 March 1968, subject: Active Duty of Enlisted Reservist Involuntarily Ordered to Active Duty.  This document shows, in pertinent part, that by direction of the President, the applicant was ordered to active duty on 20 April 1968 for a period of 1 year and 7 months (i.e., 19 months).

6.  The applicant's military service records contain a copy of Headquarters,
24th Infantry Division Forward (Germany) letter, dated 10 June 1969, subject: Request for Amendment of Active Duty Orders.  This document shows, in pertinent part, that the chief warrant officer two, serving as the assistant adjutant, requested the applicant's period of active duty (AD) be amended to a period of
18 months.  This document also shows that the request was based on Department of the Army Circular 135-10, paragraph 13e, in effect at the time, that stated that individuals will be called to AD for a period of 24 months, less periods spent on AD and ACDUTRA.

8.  The applicant's military service records contain a copy of Headquarters, Fifth United States Army, Fort Sheridan, Illinois, Letter Order ALFAG-ZE A-06-2356, dated 23 June 1969, subject: Amendment of Orders.  This document shows, in pertinent part, that the applicant's period of involuntary AD was amended from
1 year and 7 months to 1 year, 6 months, and 3 days.

9.  The applicant's military service records contain a DD Form 220 (Active Duty Report), dated 20 October 1969.  This document shows, in pertinent part, that it represented a Report of Active Duty and that the effective date of the applicant's entry on AD was 22 April 1968 and the date that his tour of AD terminated was 20 October 1969.

10.  The applicant's military service records contain a DD Form 214, with an effective date of 20 October 1969.  This document shows in Item 17 (Current Active Service Other Than By Induction, a. Source of Entry) that it is absent an "X" in any of the blocks; however, the entry "ORD TO ACDUTRA DTD 1 YR
6 MOS 3 DAYS" is typed in the item following the "Other" block.  Item 11a (Type of Transfer or Discharge) shows the entry "TRF TO USAR (SEE 16)
(i.e., Transferred to U.S. Army Reserve (See Item 16).  Item 30 (Remarks), in pertinent part, contains the entry "ITEM 11 A  RELIEVED FR ACTIVE DUTY AND RETURNED TO ARMY RESERVE TO COMPLETE REMAINING OBLIGATION OF 5 MOS 16 DAYS."

11.  In support of his application, the applicant provides the following documents:

     a.  A letter from the Veterans' Service Office (VSO), dated 9 August 2006, that states the applicant is in poor health and in need of medical attention.  It also states that because the applicant's DD Form 214 does not accurately reflect his active duty status, he is unable to enroll at a VA Medical Center.

     b.  DD Form 214, with an effective date of 7 November 1964, which, in pertinent part, documents the applicant's ACDUTRA from 27 June 1964 to
7 November 1964.

     c.  Letter Order ALFAG-ZA A-03-1666, dated 21 March 1968, that shows, in pertinent part, the applicant was ordered to active duty on 20 April 1968 for a period of 1 year and 7 months.

     d.  DD Form 214, with an effective date of 20 October 1969 that, in pertinent part, documents the applicant's AD service from 22 April 1968 to 20 October 1969.

12.  Army Regulation 635-5 (Personnel Separation - Separation Documents), in effect at the time, prescribed 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 established standardized policy for preparing and distributing the DD Form 214.  Section III provided instructions for the preparation and distribution of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, or any other document authorized for filing in the Official Military Personnel File (OMPF).

13.  The Separation Documents regulation instructions for completing the
DD Form 214, Item 11a (Type of Transfer or Discharge) for enlisted personnel state, in pertinent part, "[e]nter "Released to ARNG of ___(State)___," "Transferred to USAR," "Retired and transferred to USAR," "Retired and released to USAR in grade of ______" or "Discharged," as appropriate in accordance with the following: (1)  If the enlisted person incurred a Reserve obligation under title 10, United States Code, subsection 651a (formerly the Universal Military Training and Service Act) and is being transferred to the Army Reserve for the purpose of satisfying the obligation, the entry "Transferred to USAR (see 16)" will apply." The instructions for Item 17a (Current Active Service Other Than By Induction,
a.  Source of Entry:) for enlisted personnel, in pertinent part, "[c]heck appropriate space to indicate means of entry on current active service.  If the enlisted person was ordered or called to active duty from Reserve component, check "other" and enter "Ordered from ARNGUS or USAR" or "Called from ARNG," as appropriate."  The instructions also provide, [i]f additional space is required, continue in item 30 (Remarks); e.g., "Vol Ext 1 yr 12 Aug 54."  For ACDUTRA personnel, check "other" and enter "Ordered to ACDUTRA."  The instructions for Item 30 (Remarks) state, "[t]he "Remarks" section will be used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.  They also provide, in pertinent part, "[i]f the entry in item 11a indicates that the enlisted person was released from active duty and returned to the Army National Guard or the Army Reserve, enter "Item 11a - Released from active duty and returned to State control as a member of the Army National Guard of ____(State) ___ (or Army Reserve , as appropriate) to complete the remaining service obligation of  ___(show years and months)___."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214, with an effective date of 20 October 1969, should be corrected to show he was ordered to active duty rather than ordered to active duty for training.

2.  The evidence of record shows that the applicant was ordered to ACDUTRA on 27 June 1964 for a period of 6 months and, upon completion of his training, he was honorably released from ACDUTRA on 7 November 1964 and transferred to XI U.S. Army Corps, St. Louis, Missouri.  The evidence of record confirms that this service is accurately recorded on the applicant's DD Form 214, with an effective date of 7 November 1964.

3.  The evidence of record shows that the applicant was ordered to AD on
22 April 1968 for a period of 1 year and 7 months.  The evidence of record also shows that the applicant's period of AD was amended to 1 year, 6 months, and
3 days.  The evidence of record further shows that the applicant was honorably released from AD on 20 October 1969 and transferred to the USAR Control Group (Annual Training), U.S. Army Accessions Command, St. Louis, Missouri.  However, the evidence of record shows that this service is not accurately recorded on the applicant's DD Form 214, with an effective date of 20 October 1969.  Therefore, the applicant is entitled to correction of his DD Form 214 to show he was ordered to AD from the USAR.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
19 October 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___JI ___  ___SAP _  ___QAS _  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 correcting his DD Form 214, with an effective date of 20 October 1969, as follows:

	Item 17  (Current Active Service Other Than By Induction),
		   a.  Source of Entry:

		   Delete:  "ORD TO ACDUTRA DTD 1 YR 6 MOS 3 DAYS"

		   Add:      "X" (In the "Other" block) and "Ordered from USAR"




_____John Infante______
          CHAIRPERSON



INDEX

CASE ID
AR20060011761
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/03
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19691020
DISCHARGE AUTHORITY
AR 635-200, Relieved From Active Duty
DISCHARGE REASON
Early Separation From Overseas
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110.0000.0000
2.

3.

4.

5.

6.