IN THE CASE OF:	  

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130015025 


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 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) to show "Ordered To Active Duty" vice "Ordered To ACDUTRA [Active Duty For Training]."

2.  The applicant states:

   a.  His DD Form 214 only lists the entry, "Ordered To ACDUTRA."  Items 40 (Total Active Federal Service) and 41 (Total Inactive Federal Service) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) clearly state, "3 months and 28 days of total active Federal service and 1 year, 1 month, and 13 days of inactive Federal service."  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was on active duty from 4 May 1967 through 1 September 1967. 

   b.  He has amyotrophic lateral sclerosis (ALS) (a service-connected illness) and he needs his records corrected to qualify for benefits.  He was originally informed that he would be receiving all benefits offered to veterans with ALS, but when the Department of Veterans Affairs (VA) verified the service records through the Department of Defense they were told that he did not have any active duty service, only ACDUTRA.  Therefore, his benefits would be denied.  As one can see from the documents he is providing, his records state that he does have 3 months and 28 days of total active service.

   c.  ALS is a devastating disease that can take lives very quickly and he hopes his request can be expedited as soon as possible given the circumstances of his situation.  

3.  The applicant provides copies of page 3 of his DA Form 20, DD Form 4,      DD Form 214, and two letters from the Paralyzed Veterans of America.

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's record contains the following:

   a.  DD Form 4 which shows he enlisted in the U.S. Army Reserve (USAR) on 19 December 1966 for 6 years.

   b.  An Acknowledgment of Understanding of Service Requirements, dated 19 December 1966, which contained the statements, "I will enter on ACDUTRA for a period of 20 weeks within 120 days of this date, unless a delay for a longer period is authorized by the Department of the Army" and "After completing       20 week's training, I will serve in the Ready Reserve for the remainder of my      6-year military service obligation."  He acknowledged this form with his signature on the same day.

3.  He provided a copy of and his records contain a copy of his DD Form 214 which shows the following:

   a.  He was ordered to ACDUTRA and entered active duty on 4 May 1967.  He completed advanced individual training and was awarded military occupational specialty (MOS) 51A (construction and utility worker).

   b.  He was released from active duty on 1 September 1967, by reason of completion of MOS training.  His DD Form 214 lists in:
* Item 17 - An "X" was placed in the "Other" block and included the entry, "Ordered TO ACDUTRA"
* Item 17a (Term of Service (Years) – NA
* Item 17c (Date of Entry) - 4 May 1967
* Item 22a(1) (Net Service This Period) - 3 months and 28 days
* Item 22a(2) (Other Service) - 4 months and 15 days
* Item 22a(3) (Total (Line (1) plus Line (2)) - 8 months and 13 days
* Item 22b (Total Active Service) - 3 months and 28 days

4.  He also provided copies of the following:

   a.  Page 3 of his DA Form 20 which lists in item 38 the entries, "USAR not on active duty – 19Dec66-8May967, Active Duty, BCT [basic combat training], and Const and Util Worker, 4May-1Sep67; not on active duty 2Sep67-30May68."  His available record does not contain a complete copy of his DA Form 20.

   b.  A DD Form 4 which shows he reenlisted in the USAR on 31 May 1968 for 6 years.  This form also shows he served in the USAR from 19 December 1966 through 30 May 1968.

   c.  Two letters, dated 28 June and 3 July 2013, wherein the Paralyzed Veterans of American submitted his claims and medical documentation to the VA for service connection of ALS.

5.  His record is void of any evidence of his USAR discharge in May 1968.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated in:

* Item 17 - check appropriate space to indicate means of entry on the current active service; for ACDUTRA personnel, check "other" and enter "Ordered To ACDUTRA"
* Item 17b - for ACDUTRA personnel enter "NA"
* Item 17c - for ACDUTRA personnel enter date of entry on ACDUTRA
* Item 22a(1) - enter total service completed between the date shown in items 17c and 11d (Effective Date) of the DD Form 214
* Item 22a(2) - enter all prior service excluding service shown in items 22a(1) and including any period served in the USAR as a reservist not on active duty

* Item 22b - enter total active service the individual completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the USAR not on active duty, and less lost time

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted in the USAR on 19 December 1966.  He entered ACDUTRA on 4 May 1967, completed training, and was awarded MOS 51A.  He was released from active duty on 1 September 1967 and transferred the USA Corps.  He was issued a DD Form 214 which properly credited him with completing 3 months and 28 days of net active service.  Items 17c, 22a(1), 22a(2), 22a(3), and 22b of this DD Form 214 were completed in accordance with regulatory guidance in effect at the time.  

2.  The purpose of his entry on active duty was for MOS training and not active duty service.  Item 17 of his DD Form 214 correctly lists "Ordered to ACDTRUA" and would not list "Ordered To Active Duty."  

3.  Item 38 of his DA Form 20 also correctly lists this period of active duty.  His records and DD Form 214 reflect he completed 3 months and 28 days of net active service, which was for training.  Therefore, he is not entitled to correction of item 17 of his DD Form 214 or his records to show he served on active duty other than for training.

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)                                         AR20130015373



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ABCMR Record of Proceedings (cont)                                         AR20130015025



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