PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           11 September 2003                  
	DOCKET NUMBER:   AR2002082746

	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	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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 activated for Federal service during the Postal strike.

3.  The applicant states, in effect, that the Department of Veterans Affairs (VA) has advised him that he needs to have his DD Form 214 show that he had Federal service during the Postal strike for benefits.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) under item 38 (Record of Assignments) states that by order of the President in accordance with Headquarters First Army Letter Order 3-132 he was ordered to active military service on 24 March 1970 with released back to his New York Army National Guard unit on 30 March 1970.   

5.  The applicant’s DD Form 214, at item 17 (Current Active Service Other Than By Induction), shows that Headquarters First Army Letter Order 3-132 called him to active Federal service.  No other entry of the reason for this service is denoted on the DD Form 214. 

CONCLUSIONS:

1.  The Board accepts that the applicant’s service for the period of 24 through 30 March 1970 was active Federal service pursuant to an activation order directed by the President during a known Postal service strike at that time.

2.  The Board concludes that as a matter of equity the applicant is entitled to have his separation document clarify that this period was active Federal service pursuant to a Presidential order.  Therefore, the Board finds that inclusion at Item 30 (Remarks) of an appropriate statement is warranted.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That the applicant’s DD Form 214 item 30 be corrected to show that pursuant to the President’s direction he was called to active Federal service for the period of 24 through 30 March 1970.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__SK   __  __CJP __  ___JTM__  DENY APPLICATION

		_        Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2002082746	
SUFFIX		
RECON		
DATE BOARDED	20030911	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT,	
REVIEW AUTHORITY		
ISSUES         1.	Admin entry	
2.		
3.		
4.		
5.		
6.