MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 December 2002
	DOCKET NUMBER:  AR2002074681

	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. Roger W. Able		Chairperson	
	Mr. Bernard P. Ingold		Member	
	Ms. Karen Y. Fletcher		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 (Report of Transfer or Discharge) be changed to reflect his status as active duty and not active duty for training (ACDUTRA).

APPLICANT STATES:  That he believes that other Reserve soldiers were provided active duty status for this type training and were provided benefits by the Veterans Administration (VA) because of their active duty status.

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

He enlisted for 3 years in the Army National Guard (ARNG), effective 4 August 1960, with no prior active duty service.  On 24 August 1960, he was ordered to perform 6 months of ACDUTRA commencing on 3 September 1960 and returning to an inactive status on 3 March 1961.

The applicant's DD Form 214 shows that he was ordered to ACDUTRA and reported for training on 3 September 1960.  He was trained as a personnel specialist and separated from active duty and returned to his ARNG unit effective 2 March 1961.  He was credited with 6 months ACDUTRA service.

Active Duty is defined by regulations as full-time duty in the active military service of the United States and includes ARNG and Army Reserve soldiers ordered to duty under Title 10, United States Code, other than for training.

The Department of Veterans Affairs (VA), operating under its own laws and policies, provides veteran's benefits to members and former members who meet the qualifications of the various VA programs.  The Army does not and cannot direct which veterans are entitled to VA benefits and does not change records for the sole purpose of qualifying an individual 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 was ordered to active duty for training for 6 months as part of his 3-year contractual obligation to the ARNG.  He did not enlist in the Regular Army nor did he serve on active duty in an other than for training status.

2.  The applicant is not entitled to have his DD Form 214 corrected to show that he served on active duty for 6 months and not 6 months ACDUTRA as currently shown.

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

__ra___  ___bi___  __kf____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074681	
SUFFIX		
RECON		
DATE BOARDED	20021212	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.07	
2.	125.00	
3.		
4.		
5.		
6.