IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011921 BOARD VOTE: ____X_____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011921 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: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 April 1969 through 12  March 1971 * adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Army Commendation Medal * 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm 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. IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011921 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal. He also requests award of the Army Good Conduct Medal. 2. The applicant states he has the General Orders (GO) that awarded him the Army Commendation Medal. He was also verbally told he would receive the Army Good Conduct Medal. This is also missing from his DD Form 214. 3. The applicant provides his DD Form 214 and GO Number 35 for award of the Army Commendation Medal. 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 was inducted into the Army of the United States on 11 April 1969 and he held military occupational specialty 94B (Cook). 3. Special Orders (SO) Number 147, issued by Headquarters, U.S. Army Training Center, Fort Bragg, NC on 27 May 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. SO Number 149, issued by Headquarters, U.S. Army Training Center, Fort Bragg, NC on 29 May 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. He served in Vietnam from 23 April 1970 to 11 March 1971. He was assigned to Company D, 36th Engineer Battalion. 6. GO Number 35, issued by Headquarters, 20th Engineer Brigade, Vietnam, on 28 January 1971 awarded him the Army Commendation Medal for service from 23 April 1970 to 3 April 1971. 7. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 March 1971. His DD Form 214 shows he completed 1 year, 11 months, and 2 days of active service with no lost time. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal 8. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Army Good Conduct Medal. Additionally, his record is void of GO awarding him this award. 9. His service record contains no derogatory information in the form of lost time or conviction by a court-martial. Additionally, item 39 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. Department of the Army (DA) Pamphlet 672-3 Unit Citation and Campaign Participation Credit Register) shows during his service with the 36th Engineer Battalion in Vietnam, his unit was cited for award of the Meritorious Unit Commendation for service from 1 January to 31 December 1971 by DAGO Number 5, dated 1973. 3. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. It states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the following campaigns. * Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970. * DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970 - 30 June 1971 DISCUSSION: 1. GO awarded him the Army Commendation Medal. His DD Form 214 does not list this award 2. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Neither badge is listed on his DD Form 214. 3. He was awarded the Vietnam Service Medal and he participated in three campaigns in Vietnam. He is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal. 4. GO awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to the unit. His DD Form 214 does not reflect these unit awards. 5. With respect to the Army Good Conduct Medal, his record is void of the orders that awarded him this award. However, he served honorably during the period 11 April 1969 through 12 March 1971. He served in Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service. His service record contains no information that would have disqualified him for the Army Good Conduct Medal. It would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011921 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011921 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2