BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001164 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: 6 June 2017 DOCKET NUMBER: AR20160001164 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 28 August 1967 to 27 August 1970 and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * 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: 6 June 2017 DOCKET NUMBER: AR20160001164 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) by showing he is authorized the following awards: * Meritorious Unit Commendation (MUC) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal (AGCM) (1st Award) 2. The applicant states orders for the unit award and foreign service medal were published after he departed the RVN and separated from active duty. He believes that his not receiving the AGCM was an oversight. 3. The applicant provides: * DD Form 214 (Copy Number 1) * DA Form 20 (Enlisted Qualification Record) * Department of the Army General Orders (DAGO) Number 39, dated 20 July 1970 * DAGO Number 8, dated 19 March 1974 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. On 28 August 1967, the applicant enlisted in the Regular Army. He was trained as a stock control and accounting specialist. 3. On 24 April 1968, the applicant departed Fort Lee, Virginia, for duty in the RVN. a. On 23 May 1968, he was assigned to the 490th General Support Company. b. On 1 October 1968, he was assigned to the 53rd General Support Group. c. On 23 December 1968, he was promoted to specialist five, pay grade E-5. 4. On 19 May 1969, he departed the RVN for duty at Fort Hood, Texas. 5. On 27 August 1970, the applicant was released from active duty. He completed 3 years of creditable active duty service. 6. The applicant's DD Form 214, lists his awards as: * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * RVN Campaign Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 7. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows all of his conduct and efficiency ratings were "excellent." There is no record of any disciplinary action that would have precluded award of the AGCM. There is no evidence showing that his commander took action to deny him the AGCM. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows the 490th General Support Company was cited in DAGO Number 39, dated 1970, for award of the MUC for service during the time of the applicant's assignment. 3. DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN 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. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing he is authorized the following awards: * AGCM (1st Award) * MUC * RVN Gallantry Cross with Palm Unit Citation 2. The applicant's records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, pay grade E-5, and achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed he did not receive the AGCM due to oversight. 3. The applicant's unit was cited in general orders for award of the MUC. 4. The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation for service when he was assigned to the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2