IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150003781 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests: * award of the Army Good Conduct Medal (1st Award) * addition of this award and the already-awarded Presidential Unit Citation to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 2. The applicant states, in effect, he feels he earned both awards and believes these awards were missed in error. 3. The applicant provides an extract of his DA Form 20 (Enlisted Qualification Record) and his DD Form 214 for the period ending 20 August 1970. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 21 August 1967. 3. He was honorably discharged on 20 August 1970. His DD Form 214 shows he completed 3 years of net active creditable service. Additionally, it shows he served in Vietnam from 10 February 1968 to 9 February 1969. He was awarded or authorized: * National Defense Service Medal * two overseas service bars * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Combat Infantryman Badge (1st Award) * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 4. His DA Form 20 (Enlisted Qualification Record) shows the following entries: a. Item 38 (Record of Assignments) shows ratings of "Excellent" for most entries under Conduct and Efficiency. One entry for the period from on or about 23 February 1968 to on or about 12 May 1968 lists "Fair" for Conduct and "Good" for Efficiency. This item also shows the applicant was assigned to the following units while in Vietnam: * Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, from on or about 23 February 1968 to on or about 12 May 1968 * Headquarters and Company A, 23rd Medical Battalion, Americal Division, from on or about 13 May 1968 to on or about 28 May 1968 * Headquarters and Headquarters Company, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, from on or about 29 May 1968 to on or about 8 February 1969 c. Item 41 (Awards and Decorations), does not list a Presidential Unit Citation or Army Good Conduct Medal (1st Award). 5. His service record contains the following documents: a. Special Orders Number 101, dated 10 April 1968, issued by Headquarters, Americal Division, awarding him the Combat Infantryman Badge (1st Award). b. General Orders Number 5818, dated 15 August 1968, issued by Headquarters, Americal Division, awarding him the Purple Heart for wounds sustained on 1 July 1968. c. Psychiatric Evaluation, dated 26 April 1968, showing the applicant was evaluated for behavior in combat. The psychiatrist's findings are summarized as follows: * the applicant meets psychiatric retention standards * he displays an inadequate personality manifested by inadaptability, multiple somatic complaints in the face of stressful situations, indecisiveness and clinging behavior * he was initially seen one day after his arrival in Vietnam and had been seen on numerous occasions since then * his consistent complaints are that he emphatically states he cannot make it in the Infantry * he sat crying throughout the interview and begged to get out of the Infantry; he does not, however, want to get "kicked out" for fear of not being able to get a job later when a civilian * it is obvious that his personality is such that he cannot function in the Infantry and rehabilitation is doubtful * the final decision rests with the command as to whether he should be administratively eliminated from the service or transferred to different duties * the psychiatrist recommends administrative separation 5. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 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. There also must have been no convictions by a court-martial (emphasis added). 6. Headquarters and Company A, 23rd Medical Battalion, was awarded a Meritorious Unit Commendation for the period 1 January 1968 to 31 August 1969 in Department of the Army General Order (DAGO) Number 53, 1970. 7. 3rd Battalion, 21st Infantry Regiment was awarded a Navy Unit Commendation for the period 1 May 1968 to 16 May 1968 in DAGO Number 32, 1973. 8. There is no record of this unit being awarded a Presidential Unit Citation at any time during its service in Vietnam. 9. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. The applicant requests the award of the Army Good Conduct Medal. During Vietnam era, the regulation required a recipient to have had all "excellent" conduct and efficiency ratings. Additionally, there must have been no convictions by a court-martial. He appears to meet the criteria with one exception. a. He meets the criteria with regard to instances of indiscipline in that his service record shows no evidence he was ever administered either nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice or was tried by court-martial. b. His DA Form 20 also shows he was rated as "Excellent" for both Conduct and Efficiency during all of his assignments except for the period 23 February 1968 to 12 May 1968, when he was assigned to Company C, 3rd Battalion, 21st Infantry Regiment. For this period of service, he is rated as "Fair" for Conduct and "Good" for Efficiency. (1) Although these entries are not accompanied by any explanation, his service record contains a psychiatric evaluation from this time period which suggests these ratings may have resulted from his apparent inability to adapt to the stresses and horrors of combat. (2) His psychiatric evaluation noted he had multiple somatic complaints in the face of stressful situations, was indecisive, and displayed "clinging behavior." (3) Despite his emotional difficulties, he remained in Vietnam for a full 12-month tour. During this time he was awarded the Combat Infantryman Badge and was wounded in action. (4) Given the apparent quality of his overall performance during his 3 years of military service, and the fact that the one period shown as less than excellent appears to have been the result of a behavioral health issue, it would be appropriate to award him the Army Good Conduct Medal (1st Award). 2. The applicant also requests an already-awarded Presidential Unit Citation be added to his DD Form 214. He asserts this award was given to the 3rd Battalion, 21st Infantry Regiment while he was assigned. A review of DA PAM 672-3 does not show this unit ever received a Presidential Unit Citation. It was, however, given a Navy Unit Commendation for a period during which he was assigned. Additionally, Headquarters and A Company, 23rd Medical Battalion was awarded a Meritorious Unit Commendation while he was assigned. Neither award is listed on his DD Form 214. 3. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award is missing from his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. Awarding him the Army Good Conduct Medal (1st Award) for the period 21 August 1967 through 20 August 1970. b. Adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Meritorious Unit Commendation * Navy Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 the correction of his DD Form 214 to show the award of a Presidential Unit Citation. _____________x_____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150003781 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003781 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1