IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018721
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 his military records to show he served a period of active duty during the racial riots in Pittsburgh in the 1960's.
2. The applicant states the additional active duty is required in order for him to receive Department of Veterans Affairs (VA) health benefits. He states he was called to active duty for the racial riots in Pittsburgh and during the "truckers strike." He states his commander told him he would be eligible for VA benefits.
3. The applicant provides copies of his:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 19 May 1965
* decision letter from the VA Pittsburgh Healthcare System
* notice of disagreement with the VA letter
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) with a date of discharge of 5 April 1970
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's military personnel records show he enlisted in the Pennsylvania Army National Guard (PAARNG) on 6 April 1964 for a period of
6 years.
3. The applicant was ordered to active duty for training (ACDUTRA) on
22 November 1964 for a period of 29 weeks.
4. The applicant was treated for a fracture of his jaw (right side) and injuries to the right side of his face. These injuries were determined to be in line of duty. He underwent surgery for these conditions on 10 and 12 March 1965, at Womack Army Hospital, Fort Bragg, NC.
5. The applicant completed basic combat and advanced individual training and he was awarded military occupational specialty 442.10 (Welder-Blacksmith). On 19 May 1965, he was honorably released from active duty and returned to the PAARNG. He had completed 5 months and 29 days of active service.
6. There is no evidence in the applicant's military personnel records jacket (MPRJ) that he was ordered to active duty for any other periods of service.
7. On 5 April 1970, the applicant was discharged from the PAARNG.
8. The letter, dated 6 September 2009, from the VA Pittsburgh Healthcare System notified the applicant that he did not meet the enrollment criteria because his active duty was for training. He submitted a "Notice of Disagreement" with the VA decision on 22 September 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was ordered to active during the racial riots in Pittsburgh in the 1960's and a truckers strike. He contends he needs to show these periods of active duty in order to receive VA health benefits.
2. The applicant's records show he did have two operations for injuries he received in March 1965 while on ACDUTRA.
3. There is no evidence the applicant was ordered to active duty for any periods other than his period of ACDUTRA.
4. The ABCMR does not change records solely for the purpose of establishing eligibility for benefits from another agency.
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 that 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) AR20090018721
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090018721
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003501
He also requests award of the Purple Heart for wounds received in action. Since his request for an upgrade of his discharge was not received within 1 year of the ABCMR's original decision, this portion of his request will not be discussed further in this Record of Proceedings. He was hospitalized with injuries suffered during recent rioting at Panama Canal Zone border points.
ARMY | BCMR | CY2015 | 20150001804
The applicant's military service records are not available to the Board for review. The applicant signed the document verifying the accuracy of the information recorded on the DD Form 214. c. Based on the above and the available evidence of record, it is concluded that the DD Form 214 correctly shows the applicant's active duty service during this period (emphasis added) and rank/grade at the time he was released from active duty. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080013644
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. This document also shows the VA determined the applicants 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. The instructions for block a, line 3, state self explanatory. b. Paragraph 52 (Item 24, block b) state to enter the...
ARMY | BCMR | CY2010 | 20100012632
The board found him unfit for retention in the Army and they recommended that he be discharged from the service under the provisions of Army Regulation 635-208 (Personnel Separation - Discharge - Unfitness) for unfitness and that he be issued an undesirable discharge. The applicant was court-martialed twice while he was in the Army and considering the nature of his offenses, the type of discharge he currently has properly reflects his record of service as his service was not fully...
ARMY | BCMR | CY2004 | 20040004052C070208
The applicant requests that the records of her spouse, a deceased former service member, be corrected by upgrading the character of his 1951 discharge to honorable as a matter of clemency. Counsel states that the former service member’s “successful rehabilitation, and integration into society” is demonstrated by the record and evidence submitted by the applicant and notes that the Board has previously acted to change the characterization of a discharge in such cases. In a statement...
ARMY | BCMR | CY2007 | 20070011675C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 January 2008 DOCKET NUMBER: AR20070011675 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states that his service medical records show he received a bullet wound in his right calf while attending to the riots in Panama. The applicant provided service medical records showing he received a...
ARMY | BCMR | CY2014 | 20140007820
In effect, his Delaware Army National Guard (DEARNG) unit was activated for about 9 months during the Wilmington Riot of 1968. The applicant's Army military service record shows as a member of the DEARNG he was ordered to active duty for training (ACDUTRA) and entered active duty on 24 October 1966. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.
ARMY | BCMR | CY2013 | 20130019676
The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130002613, dated 3 September 2013, wherein he requested correction of his records to show he was medically discharged/retired on 22 January 2006, instead of showing he was honorably released from active duty. His service medical records are not available for review and his available record is void of documentation that shows he was: * issued...
ARMY | BCMR | CY2010 | 20100013200
The applicant states: * He should have been discharged due to injuries he received in a car accident which is documented in his medical records * He was not in grade "A" condition when he was discharged because of the bone that his missing in his right lower jaw, the pin in his left femur, and the wire that is still in his face * There are inaccuracies in the Army Board for Correction of Military Records (ABCMR) - Record of Proceedings, dated 2 February 2010 * He was assigned to the U.S....
ARMY | BCMR | CY2007 | AR20070005963C071029
Paul M. Smith | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his records to show his date of entry into the Army as 21 January 1963. He was ordered to active duty for training (ACDUTRA) with an effective date of 21 January 1965.