BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001004 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: AR20160001004 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 AGCM (1st Award) for the period 22 April 1970 to 18 January 1972; and b. adding the following to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal * Meritorious Unit Commendation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar _____________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: AR20160001004 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized decorations and medals for his service in Vietnam. 2. He states that he served in Thailand from November 1970 through January 1971. 3. He provides his DD Form 214 and a VA Form 21-22a (Appointment of Individual as Claimant’s Representative). 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 22 April 1970. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) he served in Thailand from 31 October 1970 to 19 January 1971 and in Okinawa from 20 January 1971 to 14 April 1972. b. Item 38 (Record of Assignments) he received excellent conduct and efficiency ratings throughout his period of service with the exception of the period from 4 November to 30 November 1970, which is listed as unknown. c. Item 38 also shows he was assigned to the: * 809th Engineer Battalion, Thailand, from 4 November 1970 to 8 January 1971 * U.S. Army Maintenance Operations Division, Okinawa, from 21 January 1971 to 13 January 1972 d. Item 41 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 3. There is no evidence in the available records showing he was awarded the AGCM nor is there a commander's AGCM disqualification statement in his record. 4. On 18 January 1972, he was honorably released from active duty in the rank of specialist four (SP4)/E-4, having completed 1 year, 8 months, and 27 days of net active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. 2. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists unit awards. This pamphlet shows the U.S. Army Maintenance Activity, Okinawa, was cited for award of the Meritorious Unit Commendation for the period 1 July 1970 to 31 December 1971 in Department of the Army General Orders Number 40, dated 1972. 3. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show all of the awards he is authorized. 2. The available evidence shows he was awarded the Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Further, his unit in Thailand was cited for award of the Meritorious Unit Commendation when the applicant was assigned to the unit. 3. His record is void of orders awarding him the Army Good Conduct Medal. A review of his military service record shows he was promoted through the ranks to SP4. There is no evidence of any disciplinary action or a commander's disqualification statement for award of the Army Good Conduct Medal during his active service. He served a qualifying period for award of the Army Good Conduct Medal. 4. None of the above awards are listed 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) AR20160001004 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001004 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2