IN THE CASE OF: 

		BOARD DATE: 14 April 2023

		DOCKET NUMBER: AR20220008816


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show the year of his birth as and by deleting 
the entry "lump-sum payment made for 29 days accrued leave in the amount of 
$10,000" from item 32 (Remarks).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Certificate of Birth

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 shows the year of his birth as , which is 
incorrect. Additionally, his DD Form 214 shows in item 32 (Remarks) that he received a 
lump sum payment in the amount of $10,000 for 29 days of accrued leave. He contends 
that he did not receive any lump sum payment, therefore, this entry should be deleted.

3.  The applicant was inducted into the Army of the United States on 12 March 1964. He 
held military occupational specialty 13A, Field Artillery Basic. 

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his year of birth 
as . It also shows:

	a.  He served in Vietnam from 16 August 1965 to around 1 March 1966. 

	b.  He was assigned to the 1st Battalion, 77th Artillery from 16 September to 
20 October 1965 and to the 2nd Battalion, 20th Artillery from 21 October 1965 to around 
28 February 1966.
	c.  He received all "excellent" conduct and efficiency ratings throughout his active 
service.  

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 
8 March 1966 in the rank of specialist four/E-4 after completing 1 year, 11 months, and 
27 days of active service. His DD Form 214 also shows he was awarded or authorized 
the: Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam 
Service Medal, and Air Medal.

6.  The applicant's DD Form 214 further shows in item 32, among other entries, the 
following two separate entries:

*	"LUMP-SUM PAYMENT MADE FOR 29 DAYS ACCRUED LEAVE" (note:  the 
amount of the lump-sum payment was not specified)
*	"SGLI [Servicemembers' Group Life Insurance] - $10,000 [coverage]"

7.  There is no evidence of record of a commander’s disqualification which would have 
precluded the applicant from award of the Army Good Conduct Medal.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was partially warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.

	a.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the year of his 
birth as , as shown on his Certificate of Birth. His DD Form 214 listed his year of birth as 
. Therefore, the Board determined sufficient evidence exists to correct his DD Form 214 
to show the correct year of birth. 

	b.  The evidence of record shows the applicant served honorably from 12 March 
1964 to 8 March 1966, completing 1 year, 11 months, and 27 days of active service. He 
received all "excellent" conduct and efficiency ratings and there is no record of 
conviction by a court-martial. The Board determined he meets the criteria for award of 
the Army Good Conduct Medal and its addition to his DD Form 214. 

	c.  Item 32 (Remarks) of the DD Form 214 lists mandatory entries and other entries 
that are too long for their respective block. One of those mandatory entries, at the time 
pertained to how many days leave a Soldier sold. Another mandatory entry was to list 
the level of Servicemembers’ Group Life Insurance (SGLI) insurance a Soldier carried 
during his service. In the applicant’s case, the applicant sold 29 days of leave and he 
was ensured under the SGLI up to $10,000 (in the event he died on active duty). 
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.  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, in addition to 
the corrections addressed in Administrative Note(s) below, by:  

*	Correct his year of birth shown on his DD Form 214 from 
*	awarding him the Army Good Conduct Medal (1st Award) for service during the 
period 12 March 1964 through 8 March 1966
*	adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214

2. The Board further determined 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 removing the leave and SGLI entries from the Remarks, 
block of his DD Form 214.


	 
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.  The applicant's records contain Orders Number 1036, dated 21 April 1966, issued by 
the 1st Cavalry Division (Airmobile), awarding him the Army Commendation Medal for 
service during the period 3 October 1965 to 27 February 1966. This award is not shown 
on his DD Form 214. 

2.  The applicant's DD Form 214 shows he was awarded the Air Medal, however, his 
records contain Orders Number 573, dated 3 March 1966, issued by the 1st Cavalry 
Division (Airmobile), awarding him the Air Medal (2nd Oak Leaf Cluster). This award is 
not shown on his DD Form 214.

3.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, 
however, he participated in the following two campaign during his service in Vietnam:

*	Vietnam Defense (8 March - 24 December 1965)  
*	Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized 
with the Vietnam Service Medal for each Vietnam campaign a member is credited with 
participating in. Therefore, his DD Form 214 should be corrected to reflect the Vietnam 
Service Medal with two bronze service stars.  

4.  The applicant served in Vietnam for over six months. Army Regulation 600-8-22 
states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by 
the Government of Vietnam to all members of the Armed Forces of the United States for 
qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  
Qualifying service included assignment in Vietnam for 6 months or more. This award is 
not shown on his DD Form 214.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation 
Credit Register) lists the awards received by units serving in Vietnam. This pamphlet 
shows that during the applicant's assignment to the 2nd Battalion, 20th Artillery, this unit 
was cited for award of the Presidential Unit Citation for the period 23 October – 26 
November 1965 and for the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
for the period 9 August 1965 to 19 May 1969. These unit awards are not shown on his 
DD Form 214.
?
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 672-5-1 (Awards), in effect at the time, states the Army Good 
Conduct Medal was awarded for each 3 years of continuous enlisted active Federal 
military service completed on or after 27 August 1940; for the first award only, 1 year 
served entirely during the period 7 December 1941 to 2 March 1946; 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.

3.  Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, 
and administrative instructions regarding an applicant’s request for the correction of a 
military record. Paragraph 2-9 states the ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of evidence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220008816


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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