IN THE CASE OF:	  

		BOARD DATE:	        24 FEBRUARY 2009

		DOCKET NUMBER:  AR20080017822 


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 item 17a (Current Active Service Other than by Induction) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued on 24 September 1969 be corrected to show that he was ordered to active duty (AD) instead of ordered to active duty for training (ACDUTRA).

2.  The applicant essentially states that his DD Form 214 that was issued on 24 September 1969, which will simply be referred to as his second DD Form 214 throughout the remainder of these proceedings, shows that he was ordered to ACDUTRA, but he does not believe he was in training during the period of AD covered by this document.  He also states that he is applying for benefits from the Department of Veterans Affairs (DVA) as a wartime veteran, but that his second DD Form 214 showing that he was ordered to ACDUTRA is telling the DVA that he was not on AD, but in training.  He further states that this is causing him not to be seen as a veteran, and that he completed his ACDUTRA during his first period of AD back in 1965 and 1966.

3.  The applicant provides his DD Form 214 for his ACDUTRA from 28 December 1965 to 16 June 1966 and his second DD Form 214 in support of this 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 records show that he enlisted in the Indiana Army National Guard (ARNG) on 10 October 1965.  He was ordered to ACDUTRA on 28 December 1965, completed initial entry training, and was awarded military occupational specialty 31D (Artillery Radio Mechanic).  He was released from ACDUTRA on 16 June 1966, and reverted back to the Indiana ARNG.  On 2 April 1968, he was discharged under honorable conditions from the Indiana ARNG due to being an unsatisfactory participant for missing eight training assemblies and, on 4 April 1968, he was ordered to AD from the United States Army Reserve (USAR).  He served in Germany from 5 May 1968 to on or about 23 September 1969.  On 24 September 1969, he was honorably released from AD.  He was honorably discharged from the USAR on 9 October 1971.

3.  Item 17a of his second DD Form 214 has an entry of "Ordered to ACDUTRA from USAR."

4.  Army Regulation 635-5 (Separation Documents) in effect at the time provided guidance on the preparation of the DD Form 214.  For item 17a, it provided that if an enlisted person was ordered or called to AD from a Reserve component, the "Other" box was to be checked and an entry of "Ordered from ARNG of the United States (ARNGUS) or USAR" or "Called from ARNG," would be entered, as appropriate.  It also provided that for ACDUTRA personnel, the "Other" block was to be checked and an entry of "Ordered to ACDUTRA" was to be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 17a of his second DD Form 214 should be corrected to show that he was ordered to AD instead of ordered to ACDUTRA.

2.  The applicant's military records clearly show that he was ordered to AD and not ACDUTRA when he reentered active duty on 4 April 1968.  However, the version of Army Regulation 635-5 in effect at the time only prescribed that if an enlisted person was ordered or called to AD from the USAR, an entry of "Ordered from USAR" would be entered in item 17a.  While the applicant may wish for this entry to read "Ordered to AD from USAR," that entry would not be in accordance with the aforementioned regulation.  In view of the foregoing, he is entitled to correction of item 17a of his second DD Form 214 to read "Ordered from USAR," but not to read "Ordered to AD from USAR."  While this correction is not exactly as the applicant would prefer, it should sufficiently show that his AD service from 4 April 1968 to 24 September 1969 was in fact AD and not ACDUTRA.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the entry in item 17a of his second DD Form 214 be corrected to read "Ordered from USAR."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 17a of his second DD Form 214 to read "Ordered to AD from USAR."

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States.  The applicant should be proud of his service in arms.



      _________XXX________________
                 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)                                         AR20080017822



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ABCMR Record of Proceedings (cont)                                         AR20080017822



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