IN THE CASE OF:	  

		BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090006953 


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 correction of item 24 (Statement of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was held over for 20 days because of the Cuban missile crisis. 

2.  The applicant states that he became disabled and filed for Department of Veterans Affairs (DVA) benefits but was told he needs to correct item 24 of his DD Form 214 to show the reason for being held over for 20 days during the Cuban missile crisis.  

3.  The applicant provides a copy of his DD Form 214, dated 31 October 1962; a copy of his DD Form 4 (Enlistment Record), dated 11 April 1962; a copy of his NGB Form 22 (Report of Separation and Record of service), dated 10 April 1965; and a copy of a letter, dated 4 March 2009, from the National Personnel Records Center, in support of his request.

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 records show he enlisted in the New York Army National Guard (NYARNG) for a period of 3 years on 11 April 1962 and was assigned to Headquarters and Headquarters Detachment, 40th Training Battalion, NYARNG, Riverhead, NY.  

3.  The applicant’s records further show he was subsequently ordered to active duty for training (ACDUTRA) on 1 May 1962.  He completed basic combat training at Fort Dix, NJ, from 2 May 1962 to 9 August 1962, and advanced individual training, also at Fort Dix, NJ, from 10 August 1962 to 31 October 1962, and was awarded military occupational specialty 631.10 (Wheeled Vehicle Mechanic).  He was released from ACDUTRA to the control of his ARNG unit on 31 October 1962.  The DD Form 214 he was issued shows the following entries:

	a.  item 24a(1) (Net Service This Period) shows he completed 6 months of creditable active service during this period; 

	b.  item 24a(2) (Other Service) shows he completed 20 days of prior service; 

	c.  item 24a(3) (Total Service) shows he completed a total of 6 months and 20 days of service; and 

	d.  item 32(Remarks) shows he completed 6 months of ACDUTRA.

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states that, for enlisted personnel, item 24 shows the statement of service.  A breakdown of entries in item 24 is as follows:

	a.  item 24a(1) shows the total service completed between the dates shown in item 16 (Date Inducted) or 19c (Date of Entry) and 11d (Effective Date (of Separation)) of the DD Form 214;

	b.  item 24a(2) shows all prior service excluding any service not shown in item 24a(1).  This includes any period served in the U.S. Army Reserve or the Army National Guard of the United States (ARNGUS) as a reservist not on active duty during current enlistment;

	c.  item 24a(3) shows the total of items 24a(1) and item 24a(2); and

	d.  item 24b shows the total active the member has completed beginning with the earliest period of active duty service up to an including current period of active duty less any period served in the USAR or ARNGUS  not on active duty and less lost time.  Additionally, explain in item 32 if information to accomplish the foregoing is not readily available and enter an explanation in item 32.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the reason for his 20 days of service as being held over due to the Cuban missile crisis. 

2.  The evidence of records shows the applicant enlisted in the NYARNG on 11 April 1962.  Some 20 days later, he was ordered to ACDUTRA for 6 months and entered active duty on 1 May 1962.  He was released from ACDUTRA on  31 October 1962, 6 months later.  He completed 6 months of active duty which is correctly shown in item 24a(1) of his DD Form 214 and was credited with his     20 days of inactive duty which is also correctly shown in item 24a(2), for a total of 6 months and 20 days of total service, which is again correctly shown on his     DD Form 214.  Additionally, item 32 of his DD Form 214 correctly explains the     6 months of active duty as ACDUTRA.  There is neither error nor injustice.

3.  There is no indication in the applicant’s records that he was held in the Army beyond the date he completed his training.  His records clearly show he was released from active duty for training upon completion of his training and was credited with an appropriate period of service.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him the requested relief.



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)                                         AR20090006953



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ABCMR Record of Proceedings (cont)                                         AR20090006953



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