IN THE CASE OF:	  

		BOARD DATE:	  	  18 November 2008

		DOCKET NUMBER:  AR20080013644 


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, correction of his discharge document to shows 6 additional days of active duty.

2.  The applicant states, in effect, that his military service records show his active duty service, but his discharge document does not show all of his active service.  He also states correction of his discharge document is necessary for approval of his benefits by the Department of Veterans Affairs (VA).

3.  The applicant provides copies of his DD Form 4 (Enlistment Record - Armed Forces of the United States), with an effective date of 16 July 1963; DD Form 220 (Active Duty Report), dated 28 August 1963; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
25 February 1964; DA Form 20 (Enlisted Qualification Record); Headquarters, Fifth U.S. Army, Fort Sheridan, Illinois, Letter Order (ALFAG-ZE) 06-2098, dated 12 June 1969; VA, Edward Hines, Jr. Hospital, Hines, Illinois, letter, dated
19 October 2007; and a letter to the Department of VA, dated 25 October 2007 in support of his application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States) that shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 16 July 1963.

3.  The applicant’s military service records contain a copy of Headquarters,
XI  U.S. Army Corps, St. Louis, Missouri, Letter Order Number 8-2190, dated
7 August 1963, subject:  Active Duty for Training (ACDUTRA) that ordered the applicant to ACDUTRA for a period of 6 months, effective 25 August 1963.

4.  The applicant’s military service records contain a DD Form 220 (Active Duty Report), dated 28 August 1963, that shows the applicant entered upon his tour of ACDUTRA on 26 August 1963 and reported for his tour of duty on 27 August 1963, under authority of Headquarters, U.S. Army Corps, Letter Orders 8-2190, dated 7 August 1963.

5.  The applicant’s military service records contain his DD Form 214 that shows the applicant was ordered to ACDUTRA on 26 August 1963; successfully completed basic combat and advanced individual training; was awarded military occupational specialty (MOS) 640.00 (Light Vehicle Driver); and honorably released to the USAR, effective 25 February 1964, based upon expiration term of service.  Item 24 (Statement of Service), block a (Creditable for Basic Pay Purposes), line 1 (Net Service This Period), shows completion of 6 months of service; line 2 (Other Service) shows completion of 1 month and 10 days of service; and line 3 (Total Service) shows 7 months and 10 days of service.  Item 24, block b (Total Active Service), shows he was credited with completing 6 months of service.  Item 32 (Remarks), in pertinent part, shows the applicant completed 6 months of ACDUTRA.

6.  The applicant’s military service records contain a DA Form 20.  Item 38 (Record of Assignments), in pertinent part, documents the periods of the applicant’s ACDUTRA and the effective dates of his return to his USAR (Ready Reserve) unit after these periods of ACDUTRA. This item shows that the 


applicant returned to his USAR unit from ACDUTRA on 27 February 1964,
19 July 1964, 1 August 1965, 7 August 1966, 24 June 1967, and 7 July 1968.  
Item 38 also contains a line entry with an effective date of 12 February 1966 that documents the date the applicant was assigned to Service Battery, 7th Battalion, 3rd Artillery, Chicago, Illinois.

7.  The applicant’s military service records contain a copy of Letter Order (ALFAG-ZE) 06-2098, dated 12 June 1969 that honorably discharged the applicant from the USAR, effective 30 June 1969.

8.  The applicant’s military service records are absent evidence that he completed active duty service on the day immediately following completion of any of the periods of his ACDUTRA.

9.  VA, Edward Hines, Jr. Hospital, Hines, Illinois, letter, dated 19 October 2007, shows that  the applicant was informed, in pertinent part, “[a]nyone who enlisted before September 7, 1980, is not eligible for medical benefits administered by VA unless they completed the less of:  one day of active duty service after completing active duty service for training; the full period for which a National Guard or Reservist veteran that was mobilized as a result of a Federal Order directive, or for such person that was called or ordered to active duty; if the veteran is granted a service-connected disability through the VA for 10% and above; and the information that was presented to Hines VA does not show this is the case.  This document also shows the VA determined the applicant’s period of service in the USAR was from 26 August 1963 through 25 February 1964, for
6 months and 10 days of active duty for training purposes only.  Therefore, the applicant was informed, “…that you do not have entitlement to inpatient nor outpatient treatment at any VA Health Care Facility, based on [his] period of military active duty for ‘training purposes only’.”

10.  The applicant’s letter to the Department of VA, dated 25 October 2007, shows he requested review of his request for benefits based on 6 days of active duty he completed after ACDUTRA on 27 February 1964, 19 July 1964, 1 August 1965, 12 February 1966, 7 August 1966, 24 June 1967, and 7 July 1968.

11.  Department of Defense Financial Management Regulation, Volume 7A, (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Definitions, defines active service as service on active duty; active duty is defined as full-time duty in the active service of a Uniformed Service, including full-time training duty, annual training duty, full-time National Guard duty, and attendance, while in the 

active serve, at a school designated as a Military Service school by law or by the Secretary concerned; and active duty for training is defined as full-time duty in the active military service of the United States for training purposes.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  This Army regulation also states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.

     a.  Paragraph 47 (Item 24) provides detailed instructions for computing creditable service for basic pay.  The instructions for block a, line 1 (Net Service This Period), state to enter the total service completed between the dates shown in Items 16 or Item 19, block c, and Item 11, block d.  The instructions for block a, line 2, state to enter all prior service credited for basic pay purposes.  The instructions for block a, line 3, state “self explanatory.”

     b.  Paragraph 52 (Item 24, block b) state to enter the total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard of the United States or U.S. Army Reserve not on active duty, and less time lost under Title 10, United States Code, section 972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show 6 additional days of active duty service because he completed active duty service on 27 February 1964, 19 July 1964, 1 August 1965,
12 February 1966, 7 August 1966, 24 June 1967, and 7 July 1968.

2.  The evidence of record shows the applicant enlisted in the USAR for a period of 6 years on 16 July 1963; was ordered to ACDUTRA for a period of 6 months, effective 26 August 1963; and was honorably released from ACDUTRA, effective 25 February 1964.  The evidence of record also shows that this period of 
ACDUTRA equates to 6 months and 0 days of active service and that this period of ACDUTRA is accurately recorded on the applicant’s DD Form 214, with an effective date of 25 February 1964.

3.  The evidence of record shows the applicant returned to his USAR unit after completing periods of ACDUTRA on 27 February 1964, 19 July 1964, 1 August 1965, 7 August 1966, 24 June 1967, and 7 July 1968.  The evidence of record also shows that the applicant was reassigned from one USAR unit to another USAR unit, effective 12 February 1966.  There is no evidence of record, and the applicant provides insufficient evidence in support of his claim, that he completed active duty service on 27 February 1964, 19 July 1964, 1 August 1965, 12 February 1966, 7 August 1966, 24 June 1967, and/or 7 July 1968.

4.  The evidence of record shows that the Army Separations Regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  The evidence of record also shows that the applicant’s DD Form 214, with an effective date of 25 February 1964, accurately reflects his period of ACDUTRA for the period of service from 26 August 1963 through 25 February 1964.  Thus, there is insufficient evidence to support the applicant’s request in this case.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X____  ____X____  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

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.



      __________X____________
               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)                                         AR20080013644



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ABCMR Record of Proceedings (cont)                                         AR20080013644



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