MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 May 2002
	DOCKET NUMBER:   AR2002067581

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

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his report of separation (DD Form 214) be corrected to reflect that he served 3 months and 28 days of active duty separate from his active duty for training (ACDUTRA).

APPLICANT STATES:  In effect, that he was ordered to ACDUTRA for a period of 6 months and was transferred to Fort Benning, Georgia.  Upon completion of his training, he remained on active duty and was transferred to Fort Dix, New Jersey, to complete the remainder of his 6 months.  He further states that he was advised by officials at the Veterans Administration (VA) that he was ineligible for VA benefits because Reservists who are ordered to active duty do not qualify.  However, in block number 32 of his DD Form 214, it indicates that he was voluntarily serving on active duty.  Unfortunately, the VA could not discern what period he was voluntarily serving on active duty, so he can not get benefits.  Accordingly, he desires to have his DD Form 214 to reflect that he was voluntarily serving on active duty or to have two separate DD Form 214’s issued. 

EVIDENCE OF RECORD:  The applicant's military records show:

He was commissioned as a United States Army Reserve (USAR) second lieutenant on 8 June 1958.  At the time he was commissioned, he indicated that he understood that if he was not ordered to active duty for a period of 2 years, he would be required to perform 6 months of ACDUTRA and upon completion of that training, he would be required to participate in the Ready Reserve for the remainder of his obligation.  He was ordered to voluntary ACDUTRA on 5 October 1958, for a period of 6 months, to attend the Infantry Officer Basic Course (IOBC) at Fort Benning, Georgia.  He attended the IOBC from 9 October to 5 December 1958 and upon completion of the IOBC, was transferred to Fort Dix, New Jersey, where he remained until he was honorably released from ACDUTRA on 4 April 1959.  He had served 6 months of active service.  His DD Form 214 shows that he was ordered to ACDUTRA for 6 months and in block number 32 (Remarks), it shows that at the time of his separation, he was voluntarily serving on active duty to fulfill his active duty commitment. 

He received a DA Form 1301 (Army Reserve Officer Evaluation Report) covering the period of 5 December 1958 to 4 April 1959.  The report was a Relief of ACDUTRA report that covered the period he was assigned to Fort Dix.

The applicant was discharged from the USAR on 18 October 1966.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  At the time the applicant was commissioned in the USAR, he acknowledged that he would be voluntarily ordered to active duty for a period of 2 years or to ACDUTRA for a period of 6 months.  While the applicant only attended the IOBC from 9 October to 5 December 1958, the entire 6-month period he was on active duty was deemed to be ACDUTRA.  

3.  Accordingly, since he did not have a break in service of more than 24 hours, he was not entitled to receive two reports of separation (DD Form 214) and his service was properly characterized as ACDUTRA.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___fe ___  ___pm __  __ra____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002067581	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORRECT 214	
2.  233	113.0000/EST SVC	
3.		
4.		
5.		
6.