IN THE CASE OF: BOARD DATE: 10 September 2020 DOCKET NUMBER: AR20200003169 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to remove a reference to excess leave and a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * Army Review Boards Agency letter * DD Form 214 * DD Form 215 (Correction to DD Form 214) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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: a. He recently had occasion to review his DD Form 214 and discovered an error. It shows in item 30 (Remarks) that he had excess leave from 28-29 January 1968. He did not retain documentation evidencing authorized leave or a copy of his orders to deploy to Vietnam; however, he is absolutely certain he reported on time. b. It has been over 50 years, but he unequivocally recalls reporting to Fort Dix, as per his orders. Upon reporting, he was directed to a barracks room for the remainder of the day and evening as processing would not commence until the next day. He complied fully and was subsequently transported to McGuire Air Force Base for deployment. c. He doesn’t know how he missed this earlier. He sincerely appreciates a timely review to correct what is clearly a clerical error and a black mark on an otherwise flawless military record. 3. The applicant was inducted into the Army of the United States on 4 November 1966. 4. His DA Form 2-1 (Enlisted Qualification Record) shows the following at item 38 (Record of Assignments): * he was assigned to Kimbrough Army Hospital from 4 April 1967 through 17 December 1967 * arrival at Fort Dix, NJ enroute to Vietnam is not annotated on this form * he was enroute to Vietnam effective 18 December 1967 5. Kimbrough Army Hospital Special Orders Number, dated 14 December, show Kimbrough Army Hospital Special Orders Number paragraph 5 were amended pertaining to the applicant as follows: a. As reads: report to Fort Dix, NJ, no later than 1200 hours, 29 January 1968; Report date: 29 January 1968; Leave data: 41 DDALV (Days Delay Enroute Authorized as Leave); EDCSA (Effective Date of Change of Strength Accountability): 29 January 1968. b. IATR (Is Amended to Read): report to Fort Dix, NJ no later than 1200 hours, 31 January 1968; Report date: 31 January 1968; Leave data: 43 DDALV; EDCSA: 31 January 1968. 6. His DA Form 2-1 further shows at item 38: * he served in Vietnam from 12 February 1968 through 24 August 1968 * he was enroute to the continental U.S. effective 25 August 1968 7. The applicant’s DD Form 214 shows he was honorably released from active duty on 28 August 1968, after 1 year, 9 months, and 25 days, due to school release. Item 30 shows 2 days’ excess leave from 28 – 29 January 1968. 8. The applicant provided a copy of his DD Form 215, showing his DD Form 214 was corrected on 17 May 2012 to add award of the Bronze Star Medal with V Device. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board found that the available records provide no information pertaining to the reason the applicant was placed in an excess leave status for 2 days in January 1968, though the Board did note that the days of excess leave coincide with initial date (and day prior) he was to report to Fort Dix. It appears the excess leave may be related to the reason his orders to report to Fort Dix were amended to show a later report date. Unfortunately, the record does not fully describe what led to the amendment or to the applicant being placed on 2 days of excess leave. The Board determined that, in the absence of evidence showing otherwise, it must be presumed the entry for excess leave on his DD Form 214 is administratively correct and is not unjust or inequitable. 3. The Board concurred with the corrections described in Administrative Note(s) below. 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: Other than the corrections described in Administrative Note(s) below, the Board determined 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 otherwise 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. ADMINISTRATIVE NOTE(S) 1. His record contains no documentation indicating he was precluded from award of the Army Good Conduct Medal (1st Award) during his period of active duty service. Award him the Army Good Conduct Medal (1st Award) for the period 4 November 1966 to 28 August 1968. 2. Correct his DD Form 214 by adding the following: * Army Good Conduct Medal (1st Award) * three bronze service stars for wear with his Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. a. It established standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). The general instructions state all available records would be used as a basis for preparation of the DD Form 214. b. The instructions for item 30 (Remarks) stated to use this section to complete entries too long for their respective blocks. Among the required entries for enlisted personnel, the directions for completion of this item state to enter inclusive dates of excess leave. Example: “Excess leave of 5 days from 5 NOV thru 9 NOV 57.” 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003169 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1