ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  1 April 2019
DOCKET NUMBER: AR20170017906


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1969 by deleting the entry, "ORDERED TO ACDUTRA FR USAR" in item 17a (Source of Entry) and replacing it with the entry, "ORDERED FR USAR."

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 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 had been a guardsman for 2 years, 9 months and 9 days prior to going on active duty. He spent his active duty time in a unit in Germany for the year and a half that he was active. The entry in item 17a has been interpreted to mean he was only on active duty for training and he feels the entry needs to be corrected so he can received benefits due to him.

3. The applicant enlisted in the Army National Guard (ARNG) on 27 April 1965.

4. The applicant was ordered to active duty training (ACDUTRA) on 20 September 1965. He was honorably released from ACDUTRA back to the ARNG on 27 January 1966.

5. The applicant was released from the ARNG on 5 February 1966 and subsequently enlisted in and served in the U.S. Army Reserve (USAR) on 6 February 1966 to 6 May 1967.

6. The applicant served in the ARNG from 7 May 1967 to 5 February 1968.
1. 

7. Letter Orders Number A-01-35 issued by Headquarters, Sixth U.S. Army on
10 January 1968 ordered him to active duty from the USAR for a period of 19 months and 6 days.

8. Item 17a of the DD Form 214 he was issued for the period 6 February 1968 to 24 August 1969 contains the entry, "ORDERED TO ACDUTRA FR USAR 19 MOS 6 DAYS 10 JAN 68."

9. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's release from active duty contained item-by-item instructions for completing the DD Form 214. These instructions stated for item 17a to check the appropriate space to indicate the means of entry on current active service. If the enlisted person was ordered or called to active duty from Reserve component, check "other" and enter "Ordered from ARNGUS or USAR" as appropriate. For ACDUTRA personnel, check "other" and enter "Ordered to ACDUTRA."

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions were carefully considered. Based upon the preponderance of evidence, the Board agreed his orders shows he was ordered to Active duty, not Active duty for training. The Board recommends a full grant of his request.

BOARD VOTE:


Mbr 1
Mbr 2
Mbr 3

:X
:X
:X
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 24 August 1969 by showing in item 17a "ORDERED FR USAR.”





X	


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.


ADMINISTRATIVE NOTE(S):

Not Applicable REFERENCES:

1. Title 10, 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 Army Board for Correction of Military Records (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 (Separation Documents), then in effect, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.

  a. It also establishes standardized policy for preparing and distributing the DD Form
214. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

   b. The regulation in effect at the time of the applicant's release from active duty contained item-by-item instructions for completing the DD Form 214.  These instructions stated for item 17a to check the appropriate space to indicate the means of entry on current active service. If the enlisted person was ordered or called to active duty from Reserve component, check "other" and enter "Ordered from ARNGUS or USAR" as appropriate. For ACDUTRA personnel, check "other" and enter "Ordered to ACDUTRA."

//NOTHING FOLLOWS//