MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 October 2002
	DOCKET NUMBER:  AR2002071379

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr. 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Margaret K. Patterson		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:  In effect, that his DD Form 214 (Report of Transfer or Discharge) be changed to show that he was on “Active Duty” for the period 10 January through 9 July 1960.

APPLICANT STATES:  That his DD Form 214 shows that he was on Active Duty for Training (ACDUTRA) and he is being denied benefits from the Department of Veterans Affairs (VA).  He submits a copy of his DD Form 214, completion certificate for Army administration training, discharge certificate from the Army, birth and marriage certificates, and a letter from a county veterans service office in support of his application.

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

He enlisted for 6 years in the Army Reserve (USAR) on 22 November 1959. The form shows that he was delayed from entering ACDUTRA until 10 January 1960 for training in his Military Occupational Specialty (MOS). In an addendum to his enlistment document the applicant acknowledged that he would be required to perform 6 months ACDUTRA and may be required to participate in USAR training before and after his 6 months ACDUTRA.

Orders were issued on 18 December 1959 stating that the applicant’s effective date of reporting for ACDUTRA was 10 January 1960 and he would be released on 9 July 1960 to return to his USAR unit.  An Active Duty Report, dated 11 January 1960, shows that the applicant reported for ACDUTRA on 10 January 1960.  The Remarks section of the applicant’s Service Record shows that he was ordered to ACDUTRA on 10 January 1960 and released from ACDUTRA on 9 July 1960.

The applicant’s Enlisted Qualification Record shows that he was trained for 8 weeks in basic Army administration and was provided additional unit training at the Reception Station until the end of his 6-month obligation.  His Certificate of Training shows that he successfully completed the Basic Army Administration Course on 3 June 1960.

The applicant’s DD Form 214 shows in block 19 (Current Active Service Other Than by Induction) the entry “Ordered to ACDUTRA.”  The Remarks block of his DD Form 214 states “6 Months ACDUTRA” and that he was released from active duty and returned to State control as a member of the USAR to complete a remaining service obligation.  The applicant’s discharge certificate shows that he was discharged from the Army effective 31 October 1965.

The letter from county veterans service office to the applicant advised him to apply to this Board in an attempt to change his prior ACDUTRA to an active duty status. It was believed that this change would provide him eligibility for VA benefits.

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.  The applicant enlisted in the USAR for 6 years and acknowledged that he was required to complete 6 months ACDUTRA as part of his enlistment.  He performed ACDUTRA as directed by competent authority from 10 January to 9 July 1960.

2.  The applicant’s DD Form 214 accurately reflects that his 6 months active service was for the purpose of active duty for training to obtain his initial MOS training.  There is no error or injustice in the applicant’s DD Form 214 as currently constituted.

3.  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.

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

__ro____  ___ao___  ___mp_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002071379	
SUFFIX		
RECON		
DATE BOARDED	20021001	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	123.08	
2.		
3.		
4.		
5.		
6.