IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110014829 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 February 1970 to show he was not on active duty just for training.

2.  The applicant states he was ordered to active duty from the U.S. Army Reserve (USAR) and served in Europe on border duty.

3.  The applicant provides a copy of his DD Form 214 for the period ending 5 February 1970 and a letter from the Department of Veterans Affairs concerning his eligibility for a headstone upon his death.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 8 September 1963, the applicant enlisted in the USAR.

	a.  He served on active duty for training (ACDUTRA) from 12 October 1963 to 11 April 1964.

	b.  He completed basic combat training and was subsequently awarded military occupational specialty 111.00 (Light Weapons Infantryman).

	c.  He was transferred to Company B, 2nd Battalion, 357th Infantry Regiment, USAR.

3.  Letter Orders Number A-8-2595, Headquarters, Fourth U.S. Army, dated 26 August 1968, involuntarily ordered the applicant to active duty as an enlisted Reservist under the authority of Title 10, U.S. Code, section 673a, for a period of 16 months and 13 days.  His reporting date was 30 September 1968.

4.  On 30 September 1968, the applicant reported to Fort Polk, Louisiana.  He was subsequently assigned for duty in Europe.

	a.  On 2 December 1968, he was assigned to Troop B, 3rd Squadron, 7th Cavalry Regiment.

	b.  He served as a mortar gunner, a scout driver, and an assistant squad leader during his service in Europe.

	c.  On 4 February 1970, he returned to the United States.

5.  On 5 February 1970, the applicant was discharged.  He attained the rank of specialist four/pay grade E-4 and completed 1 year, 6 months, and 4 days of creditable active duty service.  His characterization of service was honorable.

6.  The applicant's DD Form 214 for the period ending 5 February 1970 shows "Ordered to ACDUTRA" in item 17 (Current Active Duty Service Other Than by Induction).

7.  Army Regulation 635-5 (Separation Documents), as then in effect, required an entry in item 17 to show when an individual was ordered to active duty from the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 for the period ending 5 February 1970 to show he was not on active duty just for training.

2.  The evidence of record clearly shows the applicant was involuntarily ordered to active duty as an enlisted Reservist and served that active duty in Europe.  However, his subsequent DD Form 214 incorrectly reports this service as ACDUTRA.

3.  In view of the above, the applicant's DD Form 214 should be corrected to show he was ordered to active duty from the USAR.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting "Ordered to ACDUTRA" from item 17 of his DD Form 214 for the period ending 5 February 1970 and

	b.  adding "Ordered to Active Duty from USAR" to item 17 of this same DD Form 214.



______________X___________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20110014829



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014829



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1