MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 April 2003  
	DOCKET NUMBER:   AR2003083488

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to change "ACDUTRA" (active duty for training) to "Active Duty."

APPLICANT STATES:  That he was commissioned in 1957.  His specialty was changed from Infantry to Chemical Corps (Intelligence Officer), which required training.  He completed training and graduated on 15 August 1958.  After graduation he was assigned to the Information Office for the balance of his term of active duty.  Therefore, he was officially on full active duty for about 43 days.  

The applicant states he provides as supporting evidence his graduation certificate (showing he graduated on 15 August 1958); orders dated 18 August 1958 (which changed him from ACDUTRA to full active duty from 18 August until he was discharged on 28 September 1958); a letter of recommendation dated   25 September 1958 (which notes "…upon your departure from active military service" and therefore shows he was on active duty); orders dated 11 February 1957 (which show he was originally called to active duty for 2 years); orders dated 5 December 1957 (which changed his status to ACDUTRA, which was in error); his Honorable Discharge Certificate (from 1965); and his DD Form 214.

COUNSEL CONTENDS:  Counsel makes no additional contention.

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

While still in the Reserve Officers' Training Corps, he completed a DA Form 1609 (Statement Acknowledging Obligation for Service) on 17 September 1956.  In this form, he acknowledged that, with his appointment as a Reserve Officer of the Army, he would incur, if called upon to serve in the Active Army for a period of two years, an obligation to serve for a total of six years on active duty and in a reserve component.  He acknowledged that, if he was not required to serve on active duty for two years, he would incur an obligation to serve in a reserve component for a period of eight years and that he would be required to perform six months of ACDUTRA.  Upon completion of his ACDUTRA, he would be required to participate in the Ready Reserve for the remainder of his obligation.

The applicant was commissioned in the U. S. Army Reserve on 31 May 1957.

Headquarters, First U. S. Army Letter Orders RC 251-57, dated 11 February 1957, ordered the applicant to active duty as a Reserve Commissioned Officer of the Army.  His EDCSA (effective date of change of strength accountability) was to be 3 April 1958.

Headquarters, First U. S. Army Letter Orders RC 1369-57, dated 5 December 1957, ordered the applicant to ACDUTRA for six months as a Reserve Commissioned Officer of the Army.  His EDCSA was to be 29 March 1958 and his date of relief from ACDUTRA was to be 28 September 1958.

On 29 April 1958, the applicant completed a DA Form 160 (Application for Active Duty).  He requested two years active duty effective the day the application was approved by The Adjutant General.  On 2 May 1958, the U. S. Army Intelligence Center recommended approval of his request.  On 29 July 1958, The Adjutant General did not favorably consider his request as quotas were not available for the call to two years active duty of reserve officers participating in the ACDUTRA program.  The Adjutant General's response was provided to the applicant by endorsement dated 5 August 1958.

The applicant apparently completed training on 15 August 1958.

Headquarters, U. S. Army Intelligence Center Special Orders Number 160, dated 18 August 1958, placed the applicant and several other officers on special duty with Headquarters, U. S. Army Intelligence Center effective 16 August 1958.

The applicant's DD Form 214 shows he was released from ACDUTRA on         28 September 1958 after completing six months of creditable active service.  

The applicant was honorably discharged from the Army of the United States on  4 October 1965.

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 shows that the applicant acknowledged on                17 September 1956 that, if he was not required to serve on active duty for two years, he would incur an obligation to serve in a reserve component for a period of eight years and that he would be required to perform six months of ACDUTRA.

3.  Although it appears the applicant was originally ordered to two years active duty (in orders dated February 1957), later orders (dated December 1957) ordered him to six months ACDUTRA.  There is no evidence to show that these orders were in error and the Board presumes they superseded the February 1957 orders.

4.  The evidence of record shows that the applicant was fully aware that he was on ACDUTRA, vice active duty, as he applied for active duty on 29 April 1958.  The Adjutant General's response noted that the applicant's request was not favorably considered as quotas were not available for the call to two years active duty of reserve officers participating in the ACDUTRA program.

5.  The evidence of record shows the applicant was placed on special duty,      not active duty, after he completed training on 15 August 1958.  The Board presumes he was placed on special duty to round out the six months he was required to serve on ACDUTRA.  He was released from ACDUTRA on               28 September 1958 after completing the required six months ACDUTRA of his obligation.

6.  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

__jns___  __tl____  __bpi    ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083488	
SUFFIX		
RECON		
DATE BOARDED	20030429	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.