ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2020 DOCKET NUMBER: AR20200000274 APPLICANT REQUESTS: request correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the – * Combat Infantryman Badge (CIB) * Army Good Conduct Medal (AGCM) * Presidential Unit Citation (PUC) * Republic of Vietnam Campaign Medal with Device (1960) (RVNCM) * RVN Gallantry Cross with Palm Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) with statement * DD Form 214 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, in section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction. * CIB (issued a DD Form 215 (Correction to DD Form 214) on 31 March 1980) * PUC * RVNCM * RVN Gallantry Cross with Palm Unit Citation 3. The applicant states, in effect, * he is authorized award of the CIB based on the award of the Purple Heart * his service in the RVN authorizes him additional foreign and unit awards * his honorable service meets the criteria for award of the AGCM 4. The applicant enlisted in the Regular Army on 23 February 1967, and he was retired due to temporary disability on 27 May 1968. 5. His DA Form 20 (Enlisted Qualification Record) shows: a. he served in Vietnam from 19 August 1967 to 21 December 1967 and was assigned to Company A, 4th Battalion (Airborne), 503rd Infantry Regiment, Vietnam from 21 August 1967 to 21 December 1967. b. he received excellent conduct and efficiency ratings during his initial training and while performing duties as a rifleman. 6. He military records do not contain any court-martial convictions or other derogatory information. His awards include the PH. 7. His DD Form 214 and subsequently issued DD Form 215 show he was honorably retired for a temporary disability on 27 May 1968. He was awarded or authorized the – * National Defense Service Medal * Parachutist Badge * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Vietnam Service Medal * Purple Heart * Combat Infantryman Badge 8. Regulatory guidance, in effect at the time, stated the award of the AGCM required an enlisted person to have all “excellent” conduct and efficiency ratings. There must have been no convictions by court-martial. BOARD DISCUSSION: 1. The Board found the applicant's service records confirm he met the criteria for award of the Army Good Conduct Medal (First Award). The Board determined the applicant should receive this award and it should be added to his DD Form 214. 2. The Board concurred with the corrections addressed in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, in addition to the corrections addressed in Administrative Note(s) below, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (First Award) for the period 23 February 1967 to 27 May 1968 and adding this award to his DD Form 214. 9/18/2020 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. ADMINISTRATIVE NOTE(S): 1. The applicant's foreign service in the RVN (19 August 1967 to 21 December 1967) authorizes him additional awards. The following documents and regulatory cites are sufficient to correct the applicant's record without action from the Board. * DA Form 20 * DD Form 214 * DA PAM 672-3 * AR 600-8-22, paragraph 9-13(3)a and Appendix B 2. Correct the applicant's record by adding to his DD Form 214 for the period ending 27 May 1968: * PUC * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * bronze service star for wear on his previously issued VSM 3. Provide the applicant a copy of his DD 215, dated 31 March 1980, which added the CIB to his DD Form 214. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated award of the Army Good Conduct Medal required an enlisted person to have all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court- martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. AR 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 4. AR 600-8-22 states, the Republic of Vietnam Campaign Medal is awarded by the government of the Republic of Vietnam to Service members of the U.S. Armed Forces. Eligibility for award is limited to the period from 1 March 1961 to 28 March 1973, inclusive. To qualify for award personnel must have served in the Republic of Vietnam for 6 months during period specified and have served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. Individuals must meet the criteria established for the AFEM (Vietnam) or the VSM, during the period of service required to qualify for the Republic of Vietnam Campaign Medal for less than 6 months and have been one of the following: Wounded by hostile forces. //NOTHING FOLLOWS//