IN THE CASE OF: BOARD DATE: 5 December 2022 DOCKET NUMBER: AR20220005862 APPLICANT REQUESTS: correction of item 22b (Total Active Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect 3 years. APPLICANT'S SUPPORTING DOCUMENT(S) 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 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 total active service as reflected on his DD Form 214 is incorrect. He entered the Army on 6 September 1966 and separated on 2 September 1969. It should show a total of 3 years’ service. 3. The applicant’s DA Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted in the Regular Army on 6 September 1966 for a period of 3 years. 4. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he enlisted in the Regular Army on 6 September 1966 and served overseas in United States Army Europe (USAREUR),Germany from 7 January 1968 through 15 August 1969 5. Headquarters, VII corps Support Command General Orders Number 59, dated 15 August 1969, awarded the applicant the Army Good Conduct Medal (First Award) for his period of service from 6 September 1966 through 15 August 1969. 6. The applicant’s DA Form 20 shows he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group effective 2 September 1969. 7. The applicant’s DD Form 214 shows the following: a. He entered active service in the Regular Army on 6 September 1966 for a period of 3 years. b. He served overseas in USAREUR for 1 year, 7 months, and 24 days. c. He was honorably REFRAD and transferred to the USAR Control Group (Annual Training) on 2 September 1969, due to early separation from overseas. d. Item 22a(1) (Net Service this Period) shows 1 year, 11 months, and 27 days in lieu of 2 years, 11 months, and 28 days. e. Item 22a(2) (Other Service) shows 0 0 0 f. Item 22a(3) (Total) (Line 1 plus Line 2) shows 1 year, 11 months, and 27 days in lieu of 2 years, 11 months, and 28 days. g. Item 22b (Total Active Service) shows 1 year, 11 months, and 27 days in lieu of 2 years, 11 months, and 28 days. h. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Marksman Marksmanship Badge with Rifle Bar (M-14). It does not reflect award of the Army Good Conduct Medal. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that there was sufficient documentation to amend his total active service period. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 2 September 1969 to reflect: * Item 22a(1) (Net Service this Period) – 2 years, 11 months, and 28 days * Item 22a(3) (Total) – 2 years, 11 months, and 28 days * Item 22b (Total Active Service) – 2 years, 11 months, and 28 days 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to service credit for 3 years. 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): A review of the applicant’s records shows his DD Form 214 covering the period ending 2 September 1969, should be amended by adding the Army Good Conduct Medal (First Award) to item 24. 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, in effect at the time, prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army, to include the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The specific instructions for preparation of the DD Form 214 show the following: a. Item 11d (Effective Date) states to enter date separation is accomplished. b. Item 17c (Date of Entry) states enter the date entered on active duty or date enlistment or reenlistment accomplished. c. Item 22a(1) (Net Service this Period) states to enter total service completed between the dates shows in item 17c and item 11d. d. Item 22a(2) (Other Service) states to enter all prior service not included in item 22a(1). e. Item 22a(3) (Total) states to add 22a Line 1 plus 22a Line 2). f. Item 22b (Total Active Service) states to enter total active service completed beginning with the earliest period of active service up to an including current period of active duty, less any period served as a Reservist not on active duty and less any time lost. g. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) states to enter decorations etc. awarded or authorized during the period covered by the DD Form 214. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. There must have been no convictions by a court- martial. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005862 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1