RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080002505
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 comment in Item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) stating "Released from ADCUTRA and returned to USAR Reserve state of Ohio to complete remaining service obligation of 1 year and 4 months" be removed.
2. The applicant states, in effect, that he was ordered to active duty (AD) in June 1968 and was stationed at Fort Eustis, Virginia. He was transferred to Alaska in February 1969, and left AD in December 1969. This period of service was not for training. He needs this correction because the "ACDUTRA" designation makes him ineligible for Department of Veterans Affairs (DVA) benefits.
3. The applicant provides a copy of his DD Form 214; a copy of his DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge); a copy of his permanent change of station (PCS) orders from Fort Eustis to Alaska; a copy of his DA Form 20 (Enlisted Qualification Record); and a copy of a letter from the DVA, Cleveland Regional Office.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 25 April 1965, the applicant enlisted in the U.S. Army Reserve. On
27 August 1965, he was ordered to initial active duty for training (IADT) at Fort Knox, Kentucky.
3. The applicant successfully completed training requirements and was awarded military occupational specialty 63B (Wheel Vehicle Mechanic). On 22 January 1966, the applicant was released from AD and returned to his USAR unit. He completed 5 months AD.
4. On 15 May 1968, for unknown reasons, the applicant was involuntary ordered to AD at Fort Eustis for a period of 24 months (less the amount of AD previously performed 5 months). On 26 June 1968, the applicant reported to Fort Eustis as ordered.
5. The applicant completed his involuntary AD and was honorably released from AD and transferred to the USAR Control Group (Standby) on 20 December 1969.
Item 30 of his DD Form 214 contains the following remark: "Released from ACDUTRA (active duty for training) and returned to USAR Reserve to complete remaining service obligation of 1 year and 4 months."
6. On 24 April 1971, the applicant was honorably discharged from the USAR.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from AD, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 was properly executed at the time of his release from AD on 20 December 1969. At that time, the "ACDUTRA" entry was made on the DD Form 214 even for USAR Soldiers ordered to involuntary AD for extended periods of time. Although the applicant was not in a training status, he may have been paid from the same funds established for those Soldiers in training; hence, the annotation on the DD Form 214.
2. The reason the applicant was involuntarily ordered to AD is unknown. However, when a USAR Soldier is involuntarily ordered to AD it usually involves a breach of USAR contractual agreements. Nonetheless, the applicant successfully completed his involuntary AD, and was credited with a total of
1 year, 11 months, and 23 days of AD service.
3. Notwithstanding the propriety of the "ACDUTRA" annotation on the applicant's DD Form 214, it may be a hindrance to his receipt of some veteran's benefits. Changes to an official record are not normally granted to facilitate an applicant's access to benefits from other agencies. However, in this instance, the applicant's record should be corrected as a matter of justice to give him credit for the AD he actually performed. Therefore, the applicant's record should be corrected as shown below.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the following remark from Item 30 of his DD Form 214: "Released from ACDUTRA and returned to USAR Reserve to complete remaining service obligation of 1 year and 4 months."
XXX
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002505
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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