IN THE CASE OF: BOARD DATE: 24 February 2023 DOCKET NUMBER: AR20220004812 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 18 March 1966, to show his correct active service and prior active service. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2 DD Forms 214 ending on 18 March 1966 and 5 December 1963 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 DD Form 214 from second term of service does not accurately reconcile service from first term of service (Block 24a (Statement of Service)). He needs this corrected for the purpose of benefits. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States and entered active duty on 22 September 1961. b. He was honorably discharged on 5 December 1963 to immediately enlist in the Army. He was issued a DD Form 214 capturing his 2 years, 2 months, and 14 days of active service. c. He enlisted in the Regular Army on 6 December 1963. Item 35 (Total Service) of his DD Form 4 (Enlistment Record) shows he had completed 2 years, 2 months, and 14 days of active service. d. The applicant was confined at Fort Leavenworth, KS on 29 March 1964 pending trial by a court-martial following his commission of an assault on another private by stabbing him. e. On 7 May 1964, he was convicted by a general court-martial that sentenced him to a bad conduct discharge, forfeiture of all pay and allowances, and confinement for one year. f. On 4 June 1964, the convening authority approved the sentence but suspended the portion of the sentence adjudging bad conduct discharge is suspended until 6 My 1965 at which time, unless sooner vacated for good cause, the suspended portion shall be remitted without further action. g. The applicant was released from confinement on 6 October 1964 (192 days) and restored to duty on 7 October 1964. h. He was honorably released from active duty on 18 March 1966. He completed a net service of 1 year, 9 months, and 1 day consisting of 2 years, 3 months, and 13 days (the period from enlistment on 6 December 1963 to separation on 18 March 1966) minus 192 days 9 (or 6 months and 12 days) of lost time. i. The confinement/lost time occurred during the applicant’s second enlistment. Instead of adjusting the net service this period to subtract lost time, the office that prepared the DD Form 214 subtracted the lost time from the applicant’s other service/or first enlistment. His DD Form 214 listed in: * Block 23(a)(1) Net Service This Period: 02-03-13 (should be 01-09-01 * Block 23(a)(2) Other Service: 01-08-02 (should be 02-02-14) * Block 24(a)(3) Total Service: 03-11-15 (correct) * Block 24(b) Total Active Service: 03-11-15 (correct) BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant completed two periods of service: Induction from 22 September 1961 to 5 December 1963, completing 2 years, 2 months, and 14 days of active service, and Enlistment from 6 December 1963 to 8 March 1966, completing 1 year, 9 months, and 1 day [consisting of 2 years, 3 months, and 13 days (the period from enlistment on 6 December 1963 to separation on 18 March 1966) minus 192 days 9 (or 6 months and 12 days) of lost time]. the lost time was subtracted from his first period of service, although it occurred during his second period of service. Based on the evidence, the Board determined his second DD Form 214 ending on 8 March 1966 should be corrected to accurately reflect 1 year, 9 months, and 1 day for this period and 2 years, 2 months, and 14 days of other/prior service for his first period, for a total of 3 years, 11 months, and 15 days of total active service. 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 that 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 correcting his DD Form 214 ending on 8 March 1966 as follows: * Block 23(a)(1) Net Service This Period: delete 02-03-13 and add should be 01- 09-01 * Block 23(a)(2) Other Service: delete 01-08-02 and add 02-02-14 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, 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 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 at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. 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. The specific instructions for: a. Block 24(a)(1), for enlisted personnel, enter total service completed between the dates shown in items 16 or 19c and 11d of the DD Form 214, as represented by continental and foreign service, less time lost. under Title 10, United States Code section 972, and time lost after normal expiration· of term of service. b. Block 24(a)(2) for enlisted personnel, enter all prior service excluding any service shown in item 24(a)(1) but including any period served as a reservist not on active duty during current enlistment. c. Block 24(a)(3), for enlisted personnel add the totals in Blocks 24(a)(1) and Block 24(a)(2) d. Block 24(b), enter total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served as a reservist not on active duty, and less time lost under title 10, United States Code, section 972. Enter "See 32" if information to accomplish the foregoing is not readily available and enter explanation in item 32 (Remarks). In the case of enlisted personnel retired for length of service, the total active service entered in this item must agree with the official total of service for basic pay purposes shown in the letter or electrically transmitted message from The Adjutant General. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004812 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1