IN THE CASE OF: 

		BOARD DATE:	    8 January 2013

		DOCKET NUMBER:  AR20120010922 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change the Separation Program Numbers (SPN) code of "500" in item 11c (Reason and Authority) and the entry in item 19 (Current Active Service Other than by Induction) to something more appropriate.

2.  The applicant states, in effect, while attempting to obtain burial privileges at the Brigadier General William C. Doyle Veterans Memorial Cemetery he was informed he did not meet the eligibility requirement for interment because his DD Form 214 indicates his period of active duty service was for training purposes only.

	a.  He was informed the entry in item 11c, SPN code 500, indicates his discharge was for hardship reasons.  This is categorically untrue.  At the time of his discharge he was 23 years old, single, in excellent health, living with his parents who were in good health, engaged to be married, and recently graduated from college with plans to attend law school.  His life was good and any suggestion that he qualified for a hardship discharge is manifestly erroneous.

	b.  He finds the entry in item 19, ordered for 6 months of active duty training, to be equally puzzling.  He was a graduate from the Reserve Officers' Training Corps (ROTC) program offered at St. Peters College in Jersey City, NJ.  At that time the program commissioned second lieutenants (2LT) for either 2 years or 6 months of active duty.  Although he requested 2 years, he was commissioned as an infantry officer and ordered to active duty for 6 months.  He was never told or aware he was on active duty for training purposes only.  In fact, he received no training during that period.  Instead, he was responsible for training new recruits in infantry squad tactics while serving at Fort Dix, NJ.

3.  The applicant provided:

* An undated letter
* Letter from the Brigadier General William C. Doyle Veterans Memorial Cemetery, dated 3 January 2012
* Letter to the Brigadier General William C. Doyle Veterans Memorial Cemetery, dated 18 January 2012
* Letter from the Brigadier General William C. Doyle Veterans Memorial Cemetery, dated 22 February 2012 
* Self-authored statement, dated 4 May 2012
* Letter from the National Personnel Records Center dated 21 May 2012
* DD Form 214
* Letter indicating honorable discharge, dated 28 December 1968

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.  Letter Orders Number 212-58, issued by Headquarters, First U.S. Army, Governors Island, NY, on 14 April 1958, contained the subject line "Active Duty for Training (ACDUTRA)."  The applicant's name was listed on these orders with an effective date of ACDUTRA of 18 October 1958, a report no later than 
20 October 1958, and the date of relief from ACDUTRA of 17 April 1959.  These orders stated:

	a.  "Effective upon the acceptance of USAR appointment and by direction of the Secretary of the Army, under the provisions of Title 10, United States Code, subsection 672(d); the following named officer(s), USAR are, with their consent, ordered to active duty for training for six (6) months."
	b.  "On the effective date of active duty for training (ACDUTRA), each officer will proceed from his home…of record, as indicated to the station shown."  The reporting station was listed as the Student Detachment, U.S. Army Infantry School, Fort Benning, GA, for the purpose of attending the Infantry Officers Basic Course (OBC).

	c.  "Officers remain assigned to their present Reserve units or Control groups while processing and training and will be accounted for as "attached personnel" on morning reports prepared for USAR personnel ordered to active duty for training…Upon completion of active duty for training, unless sooner relieved officers will return to their homes and stand relieved from active duty for training on date indicated."

3.  The applicant was appointed as a USAR commissioned officer on 8 June 1958 as an infantry officer and entered active duty on 18 October 1958.

4.  Special Orders (SO) Number 235, issued by Headquarters, The School Brigade, U.S. Army Infantry School, Fort Benning, GA, on 26 November 1958 show the applicant was awarded primary military occupational specialty 1542 (Infantry Unit Commander).

5.  SO Number 236, issued by the Department of the Army, Washington, DC, on 28 November 1958, show the applicant was to be released from attachment to the U.S. Army Infantry School, Fort Benning, GA, at the completion of OBC and attached to the U.S. Army Training Command, Fort Dix, NJ.

6.  His record contains a DA Form 1059 (Academic Report) which shows he attended Infantry OBC from 22 October 1958 to 18 December 1958.  This form further shows he successfully completed OBC.

7.  SO Number 104, issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, on 14 April 1959, ordered his release from active duty effective 17 April 1959.

8.  His record contains a DA Form 1301 (Army Reserve Officer Evaluation Report) for the period 12 January 1959 to 16 April 1959 during which he was performing active duty for training.  This form shows he was assigned to Faculty Company, Special Training Regiment (Military District of New Jersey) as a Committee Instructor.  The report was rendered because he was being relieved from active duty.

9.  There is no evidence in his records to show he requested or was granted resignation or relief from active duty by reason of hardship.  
10.  He was honorably released from active duty on 17 April 1959.  His DD Form 214 shows he completed 6 months of net active service.  This form also shows in:

* item 11c, the entry "Section XIV Army Regulation 135-173 and SPN 500,  Expiration of Active Duty Commitment (Officer Voluntarily on Active Duty)"
* item 19, the entry "Ordered for 6 months ACDUTRA"

11.  Army Regulation 135-173 (Reserve Components Relief of Officers and Warrant Officers from Active Duty), Section XIV (Expiration of Active Duty Commitment), in effect at the time, states officers who decline to request extension of service under Army Regulation 135-215 (Officer Periods of Service on Active Duty) and officers whose requests have been disapproved by Headquarters, Department of the Army, will be relieved from active duty in sufficient time to arrive at their home not later than 2400 hours on the day of completion of their tours of service.  This section is also applicable to 6 months active duty for training personnel.  Final relief orders and separation forms will cite "Section XIV, Army Regulation 135-173 (SPN 500)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's active duty orders, Letter Orders Number 212-58, clearly indicated the orders were for 6 months of ACDUTRA.  At the end of this period he was released from active duty thereby indicating that he did not request to extend on active duty.  As such he was appropriately released under the provisions of section XIV of Army Regulation 135-173 and assigned the SPN code 500.

2.  The evidence of record shows the entries in items 11c and 19 of his DD Form 214 are correct; therefore, no correction to this form is necessary.

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)                                         AR20120010922





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ABCMR Record of Proceedings (cont)                                         AR20120010922



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