IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080009492
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the entry in item 17a (Current Active Service Other Than by Induction/Source of Entry) on his DD Form 214 (Report of Transfer or Discharge) for the period ending 14 July 1969 be corrected.
2. The applicant states that this DD Form 214 incorrectly shows that he was ordered to active duty for training for 24 months. He contends that his unit was mobilized to support the war in Vietnam, not for active duty for training purposes.
3. The applicant provides a copy of his DD Form 214 for the period ending
14 July 1969.
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. The applicant enlisted in the Army Reserve (USAR) on 13 January 1965. He was ordered to active duty on 20 February 1965 for training and released from active duty on 19 June 1965 and returned to the USAR to complete his remaining service obligation.
3. Letter Orders A-05-01, dated 10 May 1968, announced that by direction of the President the applicants unit was ordered to active duty effective 13 May 1968 for a period of 24 months.
4. The applicant was ordered to active duty on 13 May 1968. He served in Vietnam from 18 October 1968 through 10 July 1969 and was released from active duty on 14 July 1969.
5. Item 17a on the applicants DD Form 214 for the period ending 14 July 1969 shows the source of entry was Other with the entry, ORDERED TO ACDUTRA [active duty training] FOR 24 MONTHS.
6. Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214. The regulation, in effect at the time, provided, in pertinent part, that if the enlisted person was ordered or called to active duty from a Reserve component, check other and enter Ordered from ARNGUS [Army National Guard] or USAR or Called from ARNG, as appropriate.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was ordered to active duty, not for training, from the USAR on 13 May 1968 for a period of 24 months. Therefore, in accordance with the governing regulation, the entry in item 17a on the applicants DD Form 214 for the period ending 14 July 1969 should be corrected to show the entry, Ordered from USAR.
BOARD VOTE:
___xx___ ___xx___ __xx____ 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:
a. deleting the entry in item 17a on his DD Form 214 for the period ending
14 July 1969; and
b. adding the entry, Ordered from USAR in item 17a on this DD Form 214.
_______ _xxxx______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009492
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080009492
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