BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000814 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 BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000814 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 20 February 1968 through 11 February 1971; and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 February 1971 by deleting the Vietnam Service Medal and adding: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 bronze service stars * 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000814 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 (AGCM) (1st Award) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show it. 2. The applicant states, in effect, he served for 2 years, 11 months, and 22 days. He recently requested his replacement medals, but after reviewing his DD Form 214, he noticed he does not have an AGCM. He served in the Republic of Vietnam and completed his military service without any infractions or disciplinary actions. He feels he deserves an AGCM, as he has met the criteria. 3. The applicant provides a copy of his DD Form 214. 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 20 February 1968. 3. The applicant served in the Republic of Vietnam from on or about 5 April 1970 through on or about 10 February 1971. During this period of service, he was assigned to the 557th Maintenance Company. 4. The applicant was honorably released from active duty on 11 February 1971. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * one overseas service bar 5. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were excellent throughout his entire period of active service from 20 February 1968 through 11 February 1971. There is no evidence he was subject to any disciplinary actions during that period. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 Soldier must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. 3. 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 the 557th Maintenance Company, the unit to which the applicant was assigned from on or about 5 April 1970 through on or about 10 February 1971, was cited for the Meritorious Unit Commendation, for the period 1 January 1970 through 31 December 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1972. 4. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to the following units: a. Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. b. Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant received excellent conduct and efficiency ratings during his entire period of active military service. There is no evidence that shows he was subject to any disciplinary actions during his period of active military service. The evidence shows he met the criteria for award of the AGCM (1st Award) for the period of 20 February 1968 through 11 February 1971. 2. The applicant served in the Republic of Vietnam from on or about 5 April 1970 through on or about 10 February 1971; he participated in three campaigns during this period of foreign service. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the three bronze service stars that should be affixed to it in recognition of his campaign participation. 3. Department of the Army General Orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods coinciding with his service in the unit. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000814 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2