IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150005536 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 issuance of the Army Good Conduct Medal and Meritorious Unit Commendation correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards. 2. The applicant states his unit in Vietnam, the 68th Engineer Detachment, was awarded the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 67, dated 28 October 1968. Additionally, he was issued the ribbon for the Army Good Conduct Medal upon his release from active duty but the award is not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Letters to/from the National Personnel Records Center * Picture of ribbons and a medal * DAGO Number 67, dated 1968 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's records show he was inducted into the Army of the United States on 5 October 1966 and he held military occupational specialty (MOS) 53C (Plant Operator). 3. Special Orders (SO) Number 121 issued by Headquarters, 2nd Battalion, 1st Artillery, Fort Sill, OK, on 24 July 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 22 August 1967 to 19 August 1968. He was assigned to the 68th Engineer Detachment. 5. His record does not show he was awarded the Army Good Conduct Medal or any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings except for 1 period wherein he received an academic efficiency rating of “good” while in MOS training. 6. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 19 August 1968. His DD Form 214 shows he completed 1 year, 10 months, and 15 days of creditable active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * 2 overseas service bars 7. On 9 March 2015 he was issued a DD Form 215 that added the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214. 8. 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 must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 9. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 * Tet Counteroffensive, 30 January - 1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968 * Vietnam Counteroffensive Phase V, 1 July - 1 November 1968 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with the 68th Engineer Detachment, this unit was cited for award of the Meritorious Unit Commendation, for service from 1 January 1967 to 1 March 1968, by DAGO Number 67, dated 28 October 1968. DISCUSSION AND CONCLUSIONS: 1. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 5 October 1966 through 19 August 1968, serving in Vietnam, attaining the rank/grade of SP4/E-4, and receiving all "excellent" conduct and efficiency ratings throughout his military service. His record does not contain any derogatory information that would have disqualified him from receiving award of the Army Good Conduct Medal (1st Award). 2. He was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in Vietnam. He meets the criteria for four bronze service stars for wear on his already-awarded Vietnam Service Medal. 3. Orders awarded his unit in Vietnam the Meritorious Unit Commendation during his period of assignment. Neither unit award is listed on his DD Form 214. 4. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not shown on his DD Form 214. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 5 October 1966 through 19 August 1968; b. deleting from his DD Form 214 the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) c. issuing the above awards to him _______ _ _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) AR20150005536 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005536 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1