PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  5 June 2003
	DOCKET NUMBER:  AR2002078875

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas B. Redfern		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214 (Report of Transfer or Discharge), dated 30 March 1970, be corrected to show that he was ordered to active duty (AD) during the US Postal Strike pursuant to Presidential Executive Order Number 11519.  

3.  The applicant states that his DD Form 214, dated 30 March 1970, failed to show that he was ordered to AD pursuant to Presidential Executive Order Number 11519.  In support of his application, he submits a copy of his DD Form 214, dated 30 March 1970, a statement from Headquarters, New York Army National Guard (NYARNG), and a copy of his Retirement Credits Record.

4.  The applicant’s military records show that he enlisted in the NYARNG on 23 November 1964, for a period of 6 years.  He was ordered to AD on 23 February 1965 and was released from AD on 11 July 1965. He was returned to the NYARNG to complete his remaining service obligation.  

5.  He was ordered to AD on 24 March 1970 and was released from AD on 30 March 1970.  He was honorably discharged from the NYARNG on 1 July 1970. 

6.  The applicant provided a copy of a statement from Headquarters, NYARNG that indicated that he was ordered to AD during the US Post Office work stoppage pursuant to Presidential Executive Order Number 11519 (35 Federal Register 5003), dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated 10 June 1970.

7.  The applicant provided a copy of his Retirement Credits Record which shows that he performed AD from 24 March to 30 March 1970.

8.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 30 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was ordered to AD during the US Post Office work stoppage pursuant to Presidential Executive Order Number 11519 (35 Federal Register 5003), dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated10 June 1970.  Therefore, his    DD Form 214, dated 30 March 1970, should be corrected to show the entry "Ordered to AD under Presidential Executive Order Number 11519, dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated 10 June 1970" in item 30.
2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing the entry "Ordered to AD under Presidential Executive Order Number 11519, dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated 10 June 1970" in item 30 of his DD Form 214, dated 30 March 1970.

BOARD VOTE:  

__ao___  __kh____  ___tr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2002078875	
SUFFIX		
RECON		
DATE BOARDED	20030605	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .635-205 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	244	
2.		
3.		
4.		
5.		
6.