IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110012997
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 DD Form 214 (Report of Transfer or Discharge) for the period ending 3 February 1970 to show he served in the Regular Army and not the U.S. Army Reserve (USAR) and that he was not on active duty for training.
2. The applicant states he needs his DD Form 214 corrected to enable him to apply for Department of Veterans Affairs (VA) medical services.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the New Mexico Army National Guard (NMARNG) on 14 May 1964.
3. On 10 January 1966, he was honorably discharged from the NMARNG with entry into the USAR Control Group (Annual Training), St. Louis, effective 11 January 1966.
4. Letter Order Number A-1-1063, issued by the Office of The Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 10 January 1968, ordered the applicant to active duty for a period of 23 months and 15 days under the authority of Public Law 89-687. He was ordered to report to the U.S. Army Reception Station, Fort Bliss, TX on 19 February 1968.
5. The applicant served on active duty in an Enlisted Reserve (ER) status until 3 February 1970, at which time he was honorably released from active duty and he was transferred to the USAR Control Group (Standby) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 15 days of net service this period.
6. Item 17 (Current Active Service Other Than by Induction) of his DD Form 214 shows he was "Ordered to ACDUTRA" (Active Duty for Training).
7. On 15 October 1966, Congress passed Public Law 89-687, later codified as Title 10, U.S. Code, section 673a and now as Title 10, U.S. Code, section 12303, which authorized the President to order to active duty any member of the Ready Reserve who:
a. is not assigned to, or participating satisfactorily in a unit of the Ready Reserve;
b. has not fulfilled their statutory Reserve obligation; and
c. has not served on active duty for a total of 24 months.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant was a USAR Soldier ordered to active duty under the authority of Public Law 89-687. This service was not active duty for training, but rather a call to active duty to satisfy his military obligation by serving on active duty.
2. As such, the entry at item 17 appears to incorrectly show that the applicant was ordered to active duty for training. Therefore, his DD Form 214 should be corrected to show the entry "Ordered to Active Duty."
3. There is no evidence of record and the applicant did not provide any evidence that he ever enlisted in the Regular Army. Therefore, there is an insufficient evidentiary basis for correcting his DD Form 214 to show he was a Regular Army Soldier during the period covered by the DD Form 214.
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 all Department of the Army records of the individual concerned be corrected by deleting from item 17 of his DD Form 214 for the period ending 3 February 1970 the entry "Ordered to ACTUTRA" and replacing it with the entry "Ordered to Active Duty."
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 his DD Form 214 for the period ending 3 February 1970 to show he served as a Regular Army Soldier during the period covered by the DD Form 214.
___________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) AR20110012997
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110012997
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