PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            14 November 2000                  
	DOCKET NUMBER:   AR2000040722

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Terry L. Placek		Member	
	Ms. Meta Waller		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, that “ORDERED TO ACDUTRA FROM THE USAR” be deleted from Item 17a (Current Active Service Other than by Induction) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant states in effect, that he was ordered to active duty for a period of 2 years.  Active duty for training (ACDUTRA) is normally 6 months or less.  He submits a copy of his DD Form 214 in support of his request.  He claims he needs this correction for veteran’s benefits.

4.  The applicant’s military records show that on 20 March 1965, he voluntarily enlisted in the Army National Guard (ARNG) of Texas as a Reserve of the Army for a period of 6 years.  

5.  On 14 February 1966, he was order to active duty for training.  He completed basic training and advanced training and was awarded military occupational specialty (MOS) 13A (Field Artillery).  On 14 July 1966, he was honorably separated and he returned to the ARNG of Texas to complete his service obligation. 

6.  On 21 April 1968, the applicant’s commander notified him by registered mail that he had accrued four unexcused absences from unit training assemblies.  He had been absent without leave (AWOL) on 20 and 21 April 1968 and that he had two prior unexcused absences.  He was advised that five or more unexcused absences during a 12 month period were considered unsatisfactory participation. Therefore, if he accrued one additional unexcused absence between April 
1968 and April 1969, he faced the possibility of being reduced from private first class/pay grade E-3 to pay grade E-2 and he also faced the possibility of being ordered to active duty for a period of 2 years, less any period of active duty previously performed.

7.  On 27 April 1968, the letter of notification was delivered to the applicant and he authenticated the delivery receipt with his own signature acknowledging that he had received the letter. 

8.  On 5 May 1968, he was AWOL from both unit training assemblies.  Therefore, on 5 May 1968 his unit commander notified him that he had accrued six unexcused absences and that accrual of five or more unexcused absences during a 12 month period was considered unsatisfactory participation.  He was also advised that he had been reduced from pay grade E-3 to pay grade E-2 and that he was recommending that he be certified for active duty for a period of 
2 years, less any period of active duty previously performed.

9.  On 7 May 1968, the applicant’s unit commander requested that the Adjutant General of Texas discharge him from the Texas ARNG, in accordance with National Guard Regulation (NGR) 25-3, and that he be transferred to the United States Army Reserve (USAR) and involuntarily ordered to active duty.  The applicant’s unit commander stated that his character was good and his character of service was poor.  The unit commander recommended separation with an honorable discharge. 

10.  On 27 May 1968, the Adjutant General’s Personnel Actions Review Board convened and certified the applicant for involuntary order to active duty.

11.  On 21 September 1968, an NGB Form 22 (Report of Separation and Record of Service in the Army National Guard of Texas) shows that the applicant was discharged under the provisions of Army Regulation 135-91, for involuntary order to active duty with an honorable discharge.  He had completed 3 years, 6 months and 2 days of ARNG service. 

12.  On 22 September 1968, he was transferred to the 4th USAR Control Group, Fort Sam Houston, Texas.  

13.  On 24 June 1969, the applicant was involuntarily ordered to active duty from the USAR for a period of 18 months and 16 days effective 30 July 1969.  He was assigned to Fort Polk, Louisiana.

14.  While assigned to Fort Polk, on 12 August 1969, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice was imposed against the applicant for failing to go to his appointed place of duty at the prescribed time on 12 August 1969.  His punishment included 7 days restriction.

15.  He was assigned to Europe for 16 months from 9 October 1969-10 February 1971. The highest grade he achieved was private first class, pay grade E-3.  Both his conduct and efficiency ratings were excellent during the entire time that he served on active duty.

16.  His DD Form 214 shows that he was honorably discharged from active duty on 24 February 1971, under the provisions of Army Regulation 635-200, due to early separation of overseas returnees.  He had completed 1 year, 6 months and 25 days of active military service as a result of being involuntarily ordered to active duty from the USAR.  He had also completed 4 years, 4 months and 
10 days of other service.

17.  The “Other” box is annotated in Item 17a of his DD Form 214, to show that his source of entry was not by enlistment.  Item 17a also contains the statement “ORDERED TO ACDUTRA FROM USAR” for 18 months and 16 days on 
24 June 1969.

18.  Army Regulation 635-5 (Personnel Separations, Separation Documents), then in effect, shows that the term ACDUTRA referred to all periods of training performed by members of a Reserve component and of full-time training or other full-time duty performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard.

19.  Further, Army Regulation 635-5, paragraph 39(b), then in effect, shows that if an enlisted person was ordered to or called to active duty from a Reserve component, “Other” is annotated in Item 17a of the DD Form 214, to show that his source of entry was not by enlistment.  Item 17a should also contain the statement “Ordered from ARNGUS or USAR.”

20.  Army Regulation 135-91, in effect at the time, provides the guidelines and the policy for those enlisted USAR members who failed to participate satisfactorily as a result of accruing five or more unexcused absences from scheduled unit training assemblies in any 1 year period.  Paragraph 12a provided that a member who failed to participate satisfactorily in this respect would be ordered to active duty for a period which, when added to his prior service on active duty, active duty for training, annual field training, or full-time training duty, will total 24 months.

CONCLUSIONS:

1.  The applicant's administrative separation from the ARNG of Texas and involuntary order to active duty from the USAR were accomplished in compliance with applicable regulations, then in effect, with no indication of procedural errors which would have jeopardized his rights.

2.  “Other” is correctly annotated in Item 17a of the applicant’s DD Form 214, to show that he did not enlist.  However, Item 17a should be corrected to show “Ordered from the USAR” vice “ORDERED TO ACDUTRA FROM USAR.”  Item 17a should also be annotated “See Item 30 (Remarks).”

3.  The Remarks section should be annotated:  Ordered to active duty for a period of 18 months and 16 days on 24 June 1969.

4.  Entitlement to Department of Veterans Affairs benefits rests with that agency not the Department of the Army.

5.  In view of the foregoing, the applicant’s records should be corrected, but only, as recommended below.

RECOMMENDATION:

1.  That the applicant be issued a DD Form 215 (Correction to DD Form 214) to show:

	a.  that the current entries in Item 17a be deleted;	

b.  that Item 17a be annotated to show “Ordered from the USAR” and “See Remarks;” and 

c.  that Item 30 be annotated to show “Ordered to active duty for a period of 18 months and 16 days on 24 June 1969.”

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___sp___  ___tlp___  ___mw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Shirley L. Powell__________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001114	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	(Grant)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.