ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170006201 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served on active duty for 182 days instead of 180 days. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he served on active duty training (ACDUTRA) from 28 October 1962 to 2 April 1963, for 182 days. He believes that he should be considered on active duty (AD) for the 2 days in excess of 180 days authorized training. He is ineligible for certain Department of Veterans Affairs (VA) benefits because he does not have any active duty period. He believes the failure to allow him active duty status for the 2 days in excess of 180 days is discriminatory. 3. Review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) on 13 September 1962, for a period of 6 years. b. Letter Orders (LO) Number 6-2148, issued by Headquarters, VI U.S. Army Corps on 8 October 1962, announced his entry on ACDUTRA for a period of 6 months (180 days), with a report date of 29 October 1962. c. A DD Form 220 (Active Duty Report), dated 31 October 1962, shows he entered AD on 28 October 1962. He completed basic and advanced individual training and was awarded military occupational specialty 760.00 (Supply Clerk). d. He was honorably released from ACDUTRA on 27 April 1963 and was transferred to the USAR VI U.S. Army Corps. His DD Form 214 shows he completed 6 months of active service. Item 32 (Remarks) of this form contains the entry “6 Months ACDUTRA.” e. LO Number 6-874, issued by Headquarters, VI U.S. Army Corps on 24 June 1965, announced his entry on AD for Training (ADT), effective 23 July 1965. f. A DD Form 220, dated 25 July 1965, shows he entered on ADT on 25 July 1965 and his tour of duty terminated on 6 August 1965, a period of 12 days. g. LO Number 09-2554, issued by Headquarters, Fifth U.S. Army on 30 September 1968, announced his honorable discharge from the USAR on 30 September 1968, by reason of expiration of term of service. 4. The VA Summary of Benefits, states generally all National Guard and Reserve members discharged or released under conditions that are not dishonorable are eligible for some VA benefits. The length of the individual’s service, service commitment, and/or duty status may determine your eligibility for specific benefits 5. By law (Title 38, USC, section 511), VA decisions and/or actions, including entitlements, benefits, and other actions are not within the purview of this Board and questions or concerns regarding entitlements and/or appeals should be referred to that Agency. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that the separation date of members of the RC serving on ACDUTRA is the termination date specified in original or amended orders. The applicant’s DD Form 220 (Active Duty Report), shows he entered active duty on 28 October 1962 and was honorably released on 27 April 1963, a period of 180 days. Based upon the preponderance of the evidence, the Board determined there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, U.S. Code (USC), section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations) dated 11 January 1960, states, these regulations prescribe forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. They apply to certain members of the Reserve Components on active duty for training. a. ACDUTRA. The term "ACDUTRA" as used herein refers to officer and enlisted personnel serving periods of active duty for training under provisions of section IX, Army Regulation 130-15, and sections VI and VIII, Army Regulation 140- 220. b. A DD Form 214 will be issued at the time of separation to members of the RC, including Regular Army, without component, who were ordered to active duty or ACDUTRA for 90 days or more (or for an indefinite period), regardless of the actual number of days served. The separation date of members of the RC serving on ACDUTRA is the termination date specified in original or amended orders. 3. Title 38, USC, section 511, states the Department of Veterans Affairs’ decisions and/or actions, including entitlements, benefits, and other actions are not within the purview of this Board and questions or concerns regarding entitlements and/or appeals should be referred to that Agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006201 3 1