ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20180005020 APPLICANT REQUESTS: item 26b (Days Accrued Leave Paid) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) changed from 43 days excess leave to reflect compassionate leave. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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, his 43 days of leave were a result of receiving a Dear John letter and going home to straighten things out, which didn’t work so he went back to Vietnam. It is embarrassing for an honorable discharged veteran to show his DD Form 214 and have people think he had absent without leave (AWOL) time. 3. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 24 June 1969. b. His DA Form 20 (Enlisted Qualification Record), item 44 (Time Lost), is blank. c. On 25 May 1971, he was awarded a Good Conduct Medal (1st Award) reflected on General Orders Number 126. d. On 23 June 1971, he was honorably transferred to the United States Army Reserves (USAR) under the provisions of Army Regulation (AR) 635-200 due to expiration terms of service (ETS). He had 2 years of active service. His DD Form 214 reflects in item 30 (Remarks), item 26b: 43 days excess leave from 15-15 September 1970, and from 9 November 1970 to 20 December 1970. It does not reflect time lost or an AWOL status. e. On 1 June 1975, he was honorably discharged from the USAR under provision of AR 135-178 (Enlisted Administrative Separations), due to ETS. 4. There is no record of promotion / advancement after E-4 in the applicant’s record. 5. By regulation AR 635-5: * Item 26b (Days Accrued Leave Paid), enter inclusive dates of non-pay periods/time lost during the preceding 2 years * Item 30 (Remarks) section will be used to complete entries too long for their respective blocks. When used for cross-reference, the item number must precede the continued information. Enter inclusive dates of time lost and of excess leave. 6. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. For Block 23a (Specialty Number and Title), enter primary MOS code number and title held at the time of separation. 7. By regulation, AR 630-5, in effect at that time, excess leave may be granted in emergencies or unusual circumstances, provided that the aggregate of all leave granted (accrued plus advance (to include the un-accrued portion of advance leave previously granted) plus excess) does not exceed 60 days for any one period of absence. 8. By regulation AR 600-8-22, the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. His record is void of information that shows he was reported AWOL. The term “compassionate leave” does not exist within Army regulations. The applicant is advised excess leave does not always account for AWOL/desertion. Regulatory guidance provides excess leave is generally the term used when a Soldier has a minus leave balance at the time of release from active duty, discharge, first extension of an enlistment, desertion or death. The Board agreed there was no error or injustice in this case. Prior to closing the case, however, the Board did note the applicant received orders awarding him the Army Good Conduct Medal; however, the medal is not reflected on his DD Form 214. 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: 1. 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. 2. Prior to closing the case, however, the Board did note the applicant received orders awarding him the Army Good Conduct Medal for his period of service of 22 September 1969 to 23 June 1971; however, the medal is not reflected on his DD Form 214. As a result, the Board recommended adding a Good Conduct Medal to the applicant’s DD Form 214. X CHAIRPERSON Signed by: 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, 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 (AR) 635-5 (Personnel Separation - Separation Documents), prescribes the separation documents that will be furnished each individual who is separated from the Army, including Active Duty Training (ACDUTRA) personnel, and establishes standardized procedures for the preparation and distribution of these documents. a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 3. AR 630-5 (Personnel Absences Leave, Passes, Administrative Absence, and Public Holidays), prescribes policies governing authorized absence and outlines conditions governing entitlement. 4. AR 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. //NOTHING FOLLOWS//