MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 October 2002
	DOCKET NUMBER:   AR2002069373

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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 in block 19a (Current Active Service Other Than by Induction – Source of Entry) an “X” in the “Enlisted – First Enlistment” block.

APPLICANT STATES:  In effect, that his DD Form 214 incorrectly reflects an “X” in the “Reenlisted” box of item 19a and indicates that he was ordered to active duty for training (ACDUTRA).  Consequently, because of this administrative error, he is being denied veterans benefits.  He goes on to state that at the time of his enlistment, he was offered three options.  He chose to go on active duty for 6 months and then serve 4 years in the National Guard.  At the time they did not have room for him and he was told that they would let him know.  A couple of months later he was told that there was room and was sent to Fort Dix, New Jersey and Fort Leonard Wood, Missouri for training.  He goes on to state that he did his 6 months and 4 years of National Guard service and he believes he is entitled to veterans benefits.  In support of his application he submits a photocopy of his DD Form 214.

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

He enlisted in the New York Army National Guard (NYARNG) on 29 September 1959, for a period of 3 years.  On 21 October 1959, Letter Order Number        NY-1487 ordered the applicant to active duty for training for a period of 6 months, effective 31 October 1959.  He was transferred to Fort Dix to undergo his basic combat training and then to Fort Leonard Wood to attend his advanced individual training (AIT).  He successfully completed his AIT and was honorably released from ACDUTRA on 30 April 1960.  He had served 6 months of active duty for training and was returned to his NYARNG unit.  His DD Form 214 (original contained in his records) contains an “X” in the “other” box of block 19 and contains the remarks “Ordered to ACDUTRA.”   

On 28 September 1962, he was honorably discharged from the NYARNG and was transferred to the United States Army Reserve (USAR) Control Group (Ready), where he remained until he was honorably discharged on 31 August 1965.

Army Regulation 635-5, in effect at the time, provided instructions for the preparation and issuance of the DD Form 214.  It provides, in pertinent part, that an entry of an “X” in the “other” box with a following entry of “ordered to ACDUTRA” will be made in item 19a to show the source of entry for USAR and Army National Guard personnel who were ordered to ACDUTRA.

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.  The evidence of record clearly shows that he was in fact ordered to ACDUTRA and the appropriate block of “other” was “X’d” to indicate ACDUTRA.  The “Reenlisted” block was not “X’d” and appears to be a carbon smudge of some type; however, the original copy contained in the records clearly shows it was not marked. 

3.  Accordingly, the applicant’s DD Form 214 was properly prepared in accordance with the applicable regulation in effect at the time.

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

__wtm___  ___inw__  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060578	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/corr 214	
2.		
3.		
4.		
5.		
6.