MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           3 April 2003                   
	DOCKET NUMBER:   AR2002081379

	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. Joseph A. Adriance 		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann		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 active duty time should be changed from active duty for training (ACDUTRA) to Regular Army (RA) service.  

APPLICANT STATES:  In effect, he was in the Reserve Officer Training Corps (ROTC) for four years and went to summer camp at Fort Belvoir, Virginia for training.  He claims that he spent the rest of his active duty service at 
Fort Leonard Wood, Missouri.  He also states that officers in his class were either given a 6 month or 2 year active duty service obligation by the luck of the draw.  He claims that it is his belief that he was in the RA during the period he was on active duty and that he was not in training.  He further claims that while serving on active duty, he was required to perform the same duties as those officers who are now entitled to medical benefits.  

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

On 29 May 1960, the applicant was appointed a second lieutenant in the Untied States Army Reserve (USAR).  Between the date of his appointment and 
3 January 1961, he served in the USAR not on active duty. 

Letter Order Number 819. dated 8 April 1960, issued by Headquarters, Fifth United States Army, Chicago, Illinois, ordered the applicant to ACDUTRA on
4 January 1961.  The purpose of the ACDUTRA was to allow him to pursue course of instruction and training in his military occupational specialty.  In this order, his scheduled release from active duty (REFRAD) date was established as 3 July 1961.  

The applicant’s Officer Qualification Record (DA Form 66) confirms that during his 6 month period of active duty, he was a student at the engineer school at Fort Belvoir, Virginia from 4 January through 1 April 1961; and that he was assigned to Headquarters, 2nd Battalion, 4th Training Regiment, Fort Leonard Wood, Missouri, as a assistant operations and training officer from 2 April through 3 July 1961.

On 3 July 1961, the applicant was honorably REFRAD and returned to the USAR.  The separation document (DD Form 214) issued to him on this date confirms, in Item 4 (Department, Component, and Branch or Class),  that he served in the USAR component of the Army while on active duty.  Item 19a (Source of Entry) contains the entry “Ordered to ACDUTRA” and Item 24a (1) (Net Service This Period) confirms that he completed 6 months of active duty during the period covered by the DD Form 214.  The remarks section also contains an entry that indicates that the applicant completed 6 months of ACDUTRA.  On the date of his separation, the applicant authenticated the DD Form 214 with his signature Item 34 (Signature of Person Being Separated), which in effect verified that the information contained in the separation document was correct at the time it was issued. 

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 Board notes the applicant’s contention that his active duty service should not be considered ACDUTRA, but if finds insufficient evidence to support this claim.  The evidence of record clearly shows that he was commissioned a second lieutenant in the USAR on 29 May 1960, and that he was ordered to ACDUTRA for 6 months from 4 January through 3 July 1961.  His DD Form 214 confirms his active duty service was performed while he was in a USAR ACDUTRA status.  Further, he verified that the information contained in the DD Form 214 was correct by signing the document on the date it was issued. Thus, the Board finds no evidentiary basis to support granting the requested relief.  

2.  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.

3.  The applicant is advised that it is not within the purview of this Board to grant medical benefits administered by the Department of Veterans Affairs (DVA).  Any claim of entitlement to DVA medical benefits should be made to that Agency in accordance with its governing laws and regulations.  

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

___sac__  __ra ____  ___pm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002081379	
SUFFIX		
RECON		
DATE BOARDED	2003/04/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1961/07/03	
DISCHARGE AUTHORITY	AR 135-173	
DISCHARGE REASON	Exp of AD Commitment	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 244	115.0300	
2.		
3.		
4.		
5.		
6.