IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130005697 


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 item 17 (Current Active Service Other Than By Induction) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 11 October 1968.

2.  The applicant states his DD Form 214 shows he was ordered to active duty for training (ACDUTRA) on 4 September 1968.  However, he was actually ordered to active duty for an assignment overseas as a military policeman.  He adds that due to a spinal birth defect he was given the choice of staying on active duty with restrictions (i.e., no overseas duty) or being discharged; he chose to be discharged.

3.  The applicant provides a copy of his 11 October 1968 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 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 enlisted in the U.S. Army Reserve (USAR) on 5 April 1966 for a period of 6 years.

3.  A DD Form 214 shows the applicant was ordered to ACDUTRA on 6 July 1966, honorably released on 28 November 1966, and transferred to his Army Reserve unit to complete his remaining service obligation.

4.  Unit Orders Number 11, dated 13 October 1967, issued by the 422d Military Police Company (Personnel Control Facility), Santa Cruz, CA, promoted the applicant to private first class and awarded him military occupational specialty 95B1O (Military Policeman).

5.  Reserve Letter Orders Number A-07-0067, dated 29 July 1968, issued by Headquarters, Sixth U.S. Army, Presidio of San Francisco, CA, ordered the applicant to active duty on 4 September 1968 for a period of 18 months and 
23 days for assignment to the 504th Administration Company (Germany).

6.  Special Orders Number 283, dated 9 October 1968, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, honorably discharged the applicant on 11 October 1968 based on physical disability.  The special instructions show he was ordered to 18 months and 23 days ACDUTRA under the provisions of Letter Orders Number A-07-0067, dated 29 July 1968, issued by Headquarters, Sixth U.S. Army, Presidio of San Francisco, CA.

7.  The applicant's DD Form 214 shows he entered active duty on 4 September 1968 and he was honorably discharged on 11 October 1968 due to not meeting medical fitness standards at the time of enlistment or induction.

   a.  He completed 1 month and 8 days of net active service this period;
2 years, 6 months, and 6 days of other service; 2 years, 7 months, and 14 days of total service; and 6 months and 16 days of total active service.

   b.  item 17 shows in:

    	(1)  item a an "X" for "Other" and the entry "Ordered to ACDUTRA"; and

    	(2)  item b (Term of Service - Years) the entry "NA."


8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record; and orders.

   b.  The instructions show for:

    	(1)  item 17a, for enlisted personnel, check the appropriate space to indicate means of entry on current active service.  If the enlisted person was ordered or called to active duty from Reserve component, check "Other" and enter "Ordered from "ARNGUS [Army National Guard (ARNG) of the United States] or USAR" or "Called from ARNG," as appropriate.  For ACDUTRA personnel, check "Other" and enter "Ordered to ACDUTRA"; and

    	(2)  item 17b, for enlisted personnel only, indicate the term of service (in years) for which enlisted, reenlisted, or ordered to active duty.  For ACDUTRA personnel, enter "NA."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 17 of his DD Form 214 should be corrected because he was ordered to active duty and not "Ordered to ACDUTRA." 

2.  Orders show the applicant was ordered to active duty from the USAR on
4 September 1968 for a period of 18 months and 23 days.  However, his
DD Form 214 shows he was "Ordered to ACDUTRA" on 4 September 1968.  Thus, item 17a and 17b of his DD Form 214 should be corrected.


BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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 from item 17a of his 11 October 1968 DD Form 214 the current entry and replacing it with the entry, "Ordered from USAR"; and

   b.  deleting from item 17b of his 11 October 1968 DD Form 214 the current entry and replacing it with the entry "1.5."




      _______ _   _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)                                         AR20130005697



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ABCMR Record of Proceedings (cont)                                         AR20130005697



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