IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140001844 


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 19a (Current Active Service Other than by Induction - Source of Entry) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his active service included two additional months of service in which he was not in a trainee status. 

2.  The applicant states his tour of duty began with 2 months of additional training; however, following the completion of that training, the remainder of his time on active duty was spent training raw recruits.  He adds:

	a.  He elected the Reserve Officers' Training Corps (ROTC) program while attending Niagara University and attended classes daily during his junior and senior years.  He spent the entire summer of 1958 training at Fort Bragg, NC.  He was also a member or the Scabbard and Blade, a military honor society.  

	b.  After his graduation in 1959, he received the rank of second lieutenant (2LT) and was ordered to Fort Benning, GA, for additional training of approximately 2 months.

	c.  After he completed training at Fort Benning, he was ordered to Fort Dix, NJ, where he trained raw recruits.  He was discharged from active duty in mid-January 1960, and entered the U.S. Army Reserve (USAR) to complete his military obligation.  During his USAR time he served at various military installations and completed his Reserve obligation on 6 June 1967.
	d.  Prior to attending the ROTC program he was told he would be eligible to be buried in a national cemetery.  Now he has been denied burial in a national cemetery because item 19 of his DD Form 214 states he was in training during his entire tour of duty. 

3.  The applicant provides:

* DD Form 214  
* an Honorable Discharge Certificate
* two documents pertaining to his request for correction of records 

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 Letter Orders RC 187-59, issued by Headquarters, First United States Army on 10 February 1959, subject:  Active Duty for Training (ACDUTRA).  

	a.  These orders state that effective upon acceptance of USAR appointment, and by direction of the Secretary of the Army, he was ordered to ACDUTRA for 
6 months.

	b.  Officers remain assigned to their present Reserve units or Control groups while processing and training and would be accounted for as "attached" personnel on morning reports prepared for USAR personnel ordered to ACDUTRA.

	c.  Upon completion of ACDUTRA, unless sooner relieved, officers would return to their homes and stand relieved from ACDUTRA on dated indicated.  

	d.  These orders show he was directed to report to the Student Detachment, U.S. Army Infantry School, Fort Benning, GA to attend the Infantry Officer Basic Course (IOBC).  The effective date of ACDUTRA was 19 July 1959; with a report not later than date of 20 July 1959; and date of relief from ACDUTRA as 
18 January 1960.

3.  On 7 June 1959, he was appointed as a Reserve Commissioned Officer of the Army, as a 2LT in the Infantry Branch.

4.  A DA Form 66 (Officer Qualification Record) indicates in item 18 (Record of Assignments) that he performed the following duties during his period of ACDUTRA:

* 19 July 1959 - Casual en route to Fort Benning, GA
* 20 July 1959 - Student Officer IOBC
* 16 September 1959 - Casual en route to Fort Dix, NJ
* 1 October 1959 - Platoon Leader, Company M, 4th Training Regiment, Fort Dix, NJ
* 12 January 1960 - Processing for separation 
* 18 January 1960 - Relieved from ACDUTRA and returned to the USAR Control Group

5.  Special Orders Number 4, issued by Headquarters, U.S. Army Personnel Center, Fort Dix on 4 January 1960, and an Active Duty Report dated 19 January 1960, show his ACDUTRA ended on 18 January 1960 at Fort Dix, NJ.

6.  He provided a DD Form 214 that shows he entered active duty on 19 July 1959 and was honorably released from active duty on 18 January 1960 after serving 6 months of net service this period.  He was transferred to the USAR to complete the remainder of his Reserve obligation.  Item 19 of this form shows an "X" was placed in the "Other" block and the entry "Ordered to ACDUTRA."  His dates of training are shown as July through September 1959 for IOBC. 

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated for Reserve Officer personnel ordered to active duty for training for 6 months, in item 19a  place an "X" in the other block and enter "Ordered for 6-mo. ACDUTRA."  There was no requirement to separately list any additional training or duty performed during ACDUTRA.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to amend item 19a to show two additional months of service and extra duties performed was considered.  

2.  His DA Form 66 shows the break-down of the training, additional duties, and locations he served during his 6-month ACDUTRA; however, there was no requirement to separately list these periods in item 19a of his DD Form 214.  His DD Form 214 accurately reflects the inclusive period of his attendance at IOBC as July through September 1959.  

3.  His DD Form 214 correctly shows his period of active duty service and the type of duty he was ordered to perform.  As such, there is no effective relief that can be provided.

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)                                         AR20140001844





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ABCMR Record of Proceedings (cont)                                         AR20140001844



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