IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090009203 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 April 1961 be corrected to show he was on active duty in a non-training status from October 1960 to April 1961.

2.  The applicant states, in effect, he is being denied entitlement to burial in a Veteran's cemetery since his DD Form 214 only shows training time.

3.  The applicant provides a copy of his DD Form 214 and a copy of a memorandum he sent to the Chief, Army Reserve 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 records contain a memorandum from Headquarters, Fifth U.S. Army, Chicago, IL., dated 17 May 1960, which shows he was appointed in the U.S. Army Reserve (USAR) as a commissioned officer on 7 June 1960, in the rank of second lieutenant.

3.  The applicant's records contain Orders Number T-05-1509, dated 25 May 1960, from Headquarters, Fifth U.S. Army, Chicago, IL., which show he was ordered to report for active duty for the purpose of attending the Missile Officer Basic Course.  His date of entry into active duty training (ACDUTRA) was 
12 October 1960 and his reporting date was 14 October 1960.  

4.  Item 19 (Current Active Service Other than by Induction) of the applicant's DD Form 214 shows in 19a (Source of Entry) he was ordered to ACDUTRA.  Item 19c (Date of Entry) shows 12 October 1960.  Item 29 (Service Schools or Colleges, College Training Courses and/or Post Graduate Course Successfully Completed) shows that he attended the U.S. Army Air Defense School in 1960 and item 32 (Remarks) shows that he was on ACDUTRA for 6 months.

5.  The applicant's DD Form 214 shows in item 11a (Type of Discharge) that he was honorably released from active duty on 11 April 1961, by reason of termination of active duty for training, and released to the USAR.  He completed 6 months of net active service this period.

6.  The applicant submitted a copy of letter dated 20 April 2009 he sent to the Chief, Army Reserve, outlining his military service and his military obligations.

7.  Army Regulation 635-5 provides that separation documents will be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states 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 active duty, retirement, or discharge

8.  The Department of Veterans Affairs national cemetery directors have the primary responsibility for verifying eligibility for burial in a VA national cemetery. Department of Veterans Affairs booklet, Federal Benefits for Veterans, states a person whose only service is active duty for training or inactive duty training in the National Guard or Reserve component is ineligible for burial in a Veterans National Cemetery unless the individual meets the following criteria:

	a.  a member of a Reserve component who, at time of death, was entitled to retired pay under Chapter 1223, title 10, U.S. Code, or would have been entitled, but for being under the age of 60,

	b.  a member of a Reserve component, who dies while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while performing active duty for training or inactive duty training, or undergoing such hospitalization or treatment,

	c.  a member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force who dies under honorable conditions while attending an authorized training camp or on an authorized cruise, while performing authorized travel to or from that camp or cruise, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while engaged in one of those activities, or  

	d.  a member of a Reserve component who, during a period of active duty for training, was disabled or died from a disease or injury incurred or aggravated in line of duty or, during a period of inactive duty training, were disabled or died from an injury or certain cardiovascular disorders incurred or aggravated in line of duty. 

DISCUSSION AND CONCLUSIONS:

The applicant's records show that he was commissioned as an officer in the USAR.  He was ordered to active duty for training from 12 October 1960 to 
11 April 1961 for a period of 6 months.  There is no evidence nor did the applicant submit any evidence that shows he was ordered to active duty for any other purpose than for training.  Therefore, items 19a and 32 of his DD Form 214 dated 11 April 1961 correctly show that he entered active duty for training during this period of service.

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)                                         AR20090009203



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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