MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 July 2003       
	DOCKET NUMBER:   AR2003083952

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show that he was ordered to active duty on two occasions in 1968 for civil disturbances.

APPLICANT STATES:  In effect, that he was called to active duty on two occasions in 1968 for civil disturbances following the Martin Luther King assassination and the Democratic National Convention.  He contends that if his DD Form 214 is corrected he will and should be eligible for health benefits from the Department of Veterans Affairs.  In support of his application, he submits a copy of his DD Form 214; discharge orders from the U.S. Army Reserve (USAR) dated 23 February 1972; and a letter, dated 22 November 2002, from the Department of Veterans Affairs.

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

The applicant enlisted in the Army National Guard on 3 March 1966 for a period of 6 years.  He was ordered to active duty for training on 9 March 1967 and was released from active duty on 8 July 1967 to continue his service obligation in the Army National Guard.  The applicant was honorably discharged from the USAR on 2 March 1972.

The applicant was issued a DD Form 214 at the time of his release from active duty on 8 July 1967.

The applicant's service personnel records show that he was ordered to active duty on 7 April 1968 for a period of 13 days unless sooner released or extended. DD Form 220 (Active Duty Report) shows the applicant's tour of active duty was terminated on 11 April 1968 (5 days of active duty).  His records also show that he was awarded an Illinois service decoration for State active duty in connection with civil disturbances in the City of Chicago during this period.     

The applicant's service personnel records also show that he was awarded an Illinois service decoration for State active duty in connection with civil disturbances in the City of Chicago during the period 24 August 1968 to 
31 August 1968 (8 days of active duty). 

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time states, in pertinent part, that a DD Form 214 will be issued at time of separation to each member of the Reserve components, and the Army of the United States without component, called or ordered to active duty or active duty training for a period of 90 days or more.  The regulation also states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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 was issued a DD Form 214 at the time of his release from active duty on 8 July 1967.  Evidence of record shows the applicant was ordered to active duty on two occasions for a total of 13 days in 1968 in connection with civil disturbances.  The Board noted the applicant's request to amend his 1967 DD Form 214 to show these active duty periods in 1968; however, the regulation states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  Therefore, there is no basis for granting the applicant's request.   

3.  The governing regulation in effect at the time states that a DD Form 214 will be issued after completion of 90 days or more of active duty or active duty training.  There is no evidence that the applicant completed 90 days or more of active duty or active duty training in 1968.  Therefore, the applicant is not entitled to a new DD Form 214.

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

JNS____  TDH_____  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2003083952	
SUFFIX		
RECON		
DATE BOARDED	20030722	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.