IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140014222
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 show he served on active duty in the Regular Army from 26 July 1959 through 25 January 1960.
2. The applicant states, in effect:
* he wants his DD Form 214 changed to show he served on active duty in the Regular Army instead of being ordered to active duty for training (ACDUTRA) so he can receive veterans' benefits
* he served more than the required time
* the term ACDUTRA prevents him from receiving any benefits
* he joined the Army in 1959 and was discharged in January 1960
* his enlistment papers show he was in an active Federal status for 6 months
* he spent more than 180 days in the service
* he heard a Soldier serving on active service for more than 181 days is entitled to all benefits
3. The applicant provides:
* letter orders, dated 20 July 1959
* 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 New Jersey ARNG (NJARNG) on 14 July 1959 for 3 years.
3. He provided National Guard Bureau Letter Orders 172-NJ, dated 20 July 1959, which state he was on ACDUTRA in an active Federal status for a period of 6 months effective 26 July 1959.
4. He was ordered to ACDUTRA on 26 July 1959 for a period of 6 months. On 25 January 1960, he was released from ACDUTRA to the control of the NJARNG. He completed 6 months of total active service during this period.
5. There is no evidence of record showing he enlisted or served in the Regular Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show he served on active duty in the Regular Army from 26 July 1959 to 25 January 1960.
2. The evidence of record shows he enlisted in the NJARNG on 14 July 1959. He was ordered to ACDUTRA on 26 July 1959 for a period of 6 months. He was released from active duty on 25 January 1960 after completing 6 months of otal active service.
3. Since there is no evidence showing he enlisted or served in the Regular Army, there is insufficient evidence on which to grant the requested relief.
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 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) AR20140014222
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014222
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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