IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110014829
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 February 1970 to show he was not on active duty just for training.
2. The applicant states he was ordered to active duty from the U.S. Army Reserve (USAR) and served in Europe on border duty.
3. The applicant provides a copy of his DD Form 214 for the period ending 5 February 1970 and a letter from the Department of Veterans Affairs concerning his eligibility for a headstone upon his death.
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. On 8 September 1963, the applicant enlisted in the USAR.
a. He served on active duty for training (ACDUTRA) from 12 October 1963 to 11 April 1964.
b. He completed basic combat training and was subsequently awarded military occupational specialty 111.00 (Light Weapons Infantryman).
c. He was transferred to Company B, 2nd Battalion, 357th Infantry Regiment, USAR.
3. Letter Orders Number A-8-2595, Headquarters, Fourth U.S. Army, dated 26 August 1968, involuntarily ordered the applicant to active duty as an enlisted Reservist under the authority of Title 10, U.S. Code, section 673a, for a period of 16 months and 13 days. His reporting date was 30 September 1968.
4. On 30 September 1968, the applicant reported to Fort Polk, Louisiana. He was subsequently assigned for duty in Europe.
a. On 2 December 1968, he was assigned to Troop B, 3rd Squadron, 7th Cavalry Regiment.
b. He served as a mortar gunner, a scout driver, and an assistant squad leader during his service in Europe.
c. On 4 February 1970, he returned to the United States.
5. On 5 February 1970, the applicant was discharged. He attained the rank of specialist four/pay grade E-4 and completed 1 year, 6 months, and 4 days of creditable active duty service. His characterization of service was honorable.
6. The applicant's DD Form 214 for the period ending 5 February 1970 shows "Ordered to ACDUTRA" in item 17 (Current Active Duty Service Other Than by Induction).
7. Army Regulation 635-5 (Separation Documents), as then in effect, required an entry in item 17 to show when an individual was ordered to active duty from the USAR.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 for the period ending 5 February 1970 to show he was not on active duty just for training.
2. The evidence of record clearly shows the applicant was involuntarily ordered to active duty as an enlisted Reservist and served that active duty in Europe. However, his subsequent DD Form 214 incorrectly reports this service as ACDUTRA.
3. In view of the above, the applicant's DD Form 214 should be corrected to show he was ordered to active duty from the USAR.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting "Ordered to ACDUTRA" from item 17 of his DD Form 214 for the period ending 5 February 1970 and
b. adding "Ordered to Active Duty from USAR" to item 17 of this same 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) AR20110014829
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014829
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | CY2004 | 20040011695C070208
This DD Form 214 shows the applicant was ordered to Active Duty for Training (ACDUTRA) for the period 3 April 1965 through 1 October 1965. Evidence of record shows the applicant already held the MOS 76D20 when he was involuntarily ordered to active duty. Therefore, the applicant is entitled to correction of his DD Form 214, in item 17a, to show he was on active duty for the period 26 August 1968 through 6 February 1970.
ARMY | BCMR | CY2003 | 2003089347C070403
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. At the time of his enlistment he signed a statement in which he acknowledged that he understood that he would be required to enter active duty for training (ACDUTRA) within 120 days from that date unless as a high school student he was granted a longer delay and that if he entered ACDUTRA prior to becoming 18½...
ARMY | BCMR | CY1995 | 9509464C070209
His activation orders, issued by the XX United States Army Corps, specifically state that he was being ordered to active duty for the purpose of training (ACDUTRA). Again the orders specifically state the applicant was being ordered to active duty for the purpose of training. It is clear, based on the various documents which ordered the applicant to active duty, that his final period of active service, 28 September 1968 through 27 April 1969, was not for the purpose of training but rather...
ARMY | BCMR | CY2006 | 20060011761
The applicant's military service records contain a DD Form 214, with an effective date of 20 October 1969. The applicant contends, in effect, that his DD Form 214, with an effective date of 20 October 1969, should be corrected to show he was ordered to active duty rather than ordered to active duty for training. However, the evidence of record shows that this service is not accurately recorded on the applicant's DD Form 214, with an effective date of 20 October 1969.
ARMY | BCMR | CY2004 | 20040009504C070208
The applicant requests, in effect, that he be issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his period of active duty during the period from 22 June 1968 through 30 July 1968. The applicant provides a copy of: a. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 April 1964; b. his DD Form 220 (Active Duty Report) that shows his effective date of entry on active duty as 22 June 1968;...
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.
ARMY | BCMR | CY2008 | 20080002505
The applicant completed his involuntary AD and was honorably released from AD and transferred to the USAR Control Group (Standby) on 20 December 1969. It provides a brief, clear-cut record of active Army service at the time of release from AD, retirement or discharge. At that time, the "ACDUTRA" entry was made on the DD Form 214 even for USAR Soldiers ordered to involuntary AD for extended periods of time.
ARMY | BCMR | CY2010 | 20100026103
The applicant requests, in effect, correction to Items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1979 and the issuance of a DD Form 215 (Correction to DD Form 214). His last DD Form 214 only shows he served 2 years of active service. The evidence of record shows he enlisted and served in the TXARNG from 8 January through 14 August 1963, a period of 7...
ARMY | BCMR | CY2010 | 20100013123