MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 September 2002
	DOCKET NUMBER:   AR2002071026

	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. Celia L. Adolphi		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 on active duty for 6 months.

APPLICANT STATES:  In effect, that his DD Form 214 incorrectly reflects that he served on active duty for training (ACDUTRA) for a period of 6 months, when in fact it was active duty.  He further states that upon being commissioned as a second lieutenant when he graduated from college and the Reserve Officer Training Corps (ROTC), the Army did not need second lieutenants and therefore he was not required to serve 2 years on active duty.  However, he volunteered to serve on active duty for 6 months and was sent to Fort Eustis, Virginia.  He goes on to state that he recently attempted to receive medical care and was informed that because his 6 months was spent in an ACDUTRA status, he was not eligible.  He continues by stating that he is not considered a veteran and believes that the record should be set straight. 

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

On 19 February 1957, the applicant signed a ROTC Deferment Agreement (DA Form 1608) in which he agreed to accept a commission, if tendered, upon completion of the ROTC course of instruction, and to serve on active duty for a period of 2 years.  In the event that the Army did not require his service on active duty in fulfillment of the obligation, he agreed to serve on ACDUTRA for a period of 6 months.

On 14 April 1958, orders were published by Headquarters, First United States Army, which directed that upon acceptance of a United States Army Reserve (USAR) commission, the applicant would be ordered to ACDUTRA for a period of 6 months for the purpose of attending the Transportation Corps Officer Basic Course (TCOBC) at Fort Eustis, Virginia.  He had an ACDUTRA report date of 6 September 1958 and a relief from ACDUTRA date of 5 March 1959. 

He was commissioned as a USAR second lieutenant in the Transportation Corps on 1 August 1958.  He was ordered to ACDUTRA on 6 September 1958, was transferred to Fort Eustis, Virginia, to attend the TCOBC and remained there assigned to a student detachment until he was released from ACDUTRA on 5 March 1959.  He had served 6 months of ACDUTRA and was transferred to the USAR Control Group (Ready).

He was promoted to the rank of first lieutenant on 1 August 1961 and remained in the USAR until he was honorably discharged on 11 January 1968, for failure to earn sufficient retirement points for the retirement year ending (RYE) on 31 July 1967.

Title 10, United States Code, section 651 establishes the required service for Reserve Component soldiers.  It provides, in pertinent part, that The Reserve Forces Act of 1955, in an attempt to drawdown the forces at the end of the Korean War, with a surplus of ROTC officers awaiting to serve their 2 year active duty service obligation, stipulated that ROTC graduates could be given, with their consent, a 6-month ACDUTRA tour before being assigned to a Reserve Component.  Officers who did not consent to the 6-month ACDUTRA tour were required to spend a minimum of 2 years on active duty before being transferred to a Reserve Component to complete the remainder of their statutory service obligation.

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 applicant’s contentions have been noted by the Board.  However, they are not supported by the evidence submitted with his application or the evidence of record.  The applicant was made aware, approximately 6 months prior to his being appointed, that he was being ordered to ACDUTRA, with his consent, for a period of 6 months, in lieu of being ordered to active duty for a period of 2 years. 

3.  Accordingly, his DD Form 214 properly reflects that he served on ACDUTRA for 6 months and he has failed to show that the record is in error or that it constitutes an injustice.

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

__cla____  __mm___  ___jm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071026	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  223	113.0000/EST SVC	
3.		
4.		
5.		
6.