IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160003377 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: 10 October 2017 DOCKET NUMBER: AR20160003377 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 9 May 1968 through 6 August 1971; and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting the Vietnam Service Medal with three bronze service stars and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) ___________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: 10 October 2017 DOCKET NUMBER: AR20160003377 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). 2. The applicant states he never received the AGCM. He transferred to a new unit shortly before his discharge. He believes it was an oversight by his new unit. He is now in the process of passing down his legacy to his children and grandchildren, and he realized he never received the award. 3. The applicant does not provide any supporting documents. 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 9 May 1968, the applicant enlisted in the Regular Army. 3. Special Orders Number 158, issued by Headquarters, U.S. Army Training Center, Fort Bliss, Texas, on 1 July 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 25 October 1968 through 19 October 1969. 5. Item 38 (Record of Assignments) shows he received scores of excellent in all conduct and efficiency ratings, and he served in the following units in the RVN, U.S. Army Pacific (USARPAC): * 548th Light Equipment Maintenance Company – 29 October 1968 to 31 January 1969 * 548th Heavy Equipment Maintenance Company – 1 February 1969 – 29 June 1969 * 548th Light Maintenance Company – 30 June 1969 to 9 September 1969 * 624th Supply and Service Company - 10 September 1969 to 18 October 1969 6. On 6 August 1971, the applicant was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following: a. Item 22a (Net Service This Period) – he completed 3 years, 2 months and 28 days of service, b. Item 22c (Foreign and/or Sea Service) – USARPAC – he completed 11 months and 25 days, and c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized): * National Defense Service Medal (NDSM) * RVN Gallantry Cross with Palm Unit Citation * RVN Campaign Medal with Device (1960) * Vietnam Service Medal (VSM) with three bronze service stars 7. A review of the applicant's record shows no derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct that may have potentially disqualified him from being considered for his initial award of the AGCM for the period 9 May 1968 through 6 August 1971. His record is void of evidence that shows his commander sought to deny him award of the AGCM during his period of service. He received excellent conduct and efficiency ratings, and he was honorably released at the end of his term of service. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participation. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: * Vietnam Counteroffensive, Phase V, (1 July 1968 – 1 November 1968) * Vietnam Counteroffensive, Phase VI, (2 November 1968 – 22 February 1969) * Tet 69 Counteroffensive, (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969, (9 June 1969 – 31 October 1969) DISCUSSION: 1. The applicant contends he should have been awarded the AGCM; however, this award is not listed on his DD Form 214. 2. The applicant’s record does not contain orders awarding him the AGCM, and it is not listed on his DD Form 214. However, he appears to meet the criteria for award of the AGCM in that: * he served honorably during the period 9 May 1968 through 6 August 1971 * he received excellent conduct and efficiency ratings * his records do not contain any derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct that may have potentially disqualified him from being positively considered for his initial award of the AGCM * there are no entries in his record to indicate that his commander denied him this award 3. His DD Form 214 does show he was awarded the VSM; however, it does not include the four bronze service stars he is authorized to denote his participation in four campaigns. 4. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). This Marksmanship Badge is not 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) AR20160003377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003377 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2