ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 October 2020 DOCKET NUMBER: AR20200001887 APPLICANT REQUESTS: on behalf of his brother, a former service member (FSM), correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal (AGCM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 26 November 2019 * DD Form 1300 (Report of Casualty), dated 31 March 1967 * DA Form 137 (Unit Clearance Record), dated March 1967 * Headquarters, 25th Infantry Division, General Orders Number 1247, dated 10 April 1967 * Wikipedia AGCM Medal Information, printed on 30 July 2019 * National Personnel Records Center letter, dated 27 August 2019 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (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 applicant states: a. On 14 August 1966, the FSM arrived in the Republic of Vietnam and he was assigned to the 196th Light Infantry Brigade. b. On 22 March 1967, the FSM was transferred to A Company, 3rd Brigade, 4th Infantry Division, and on 21 March 1967, the FSM was killed. c. The FSM did not receive the award of the AGCM due to oversight by his commanding officer. d. The FSM's DA Form 137 (Unit Clearance Record), dated March 1967, shows, in part, the FSM received excellent ratings in conduct and efficiency while assigned to 196th Infantry Brigade (Light), and B Company, 3rd Brigade, 4th Infantry Division, and A Company, 3rd Brigade, 22nd Infantry, 4th Infantry Division. 3. The available records show the FSM enlisted in the Regular Army on 1 November 1965. 4. The applicant provided copies of: a. the FSM's DA Form 137 (Unit Clearance Record), dated March 1967 (date illegible), which shows, in part, the FSM received excellent ratings in conduct and efficiency while assigned to Company B, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade (Light). b. a DD Form 1300 (Report of Casualty), dated 31 March 1967, which shows, in part, the FSM died on 21 March 1967 as the result of metal fragment wounds received in hostile ground action. 5. The FSM's records contain the following: a. a letter from the Office of the Chairman, Republic of Vietnam National Directory, dated 21 March 1967, which shows, in part, the FSM was posthumously awarded the Military Merit Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. b. a letter from The Adjutant General, Department of the Army, dated 5 April 1967, that shows, the FSM was issued a Certificate of Honorable Service. c. a letter from The Adjutant General, Department of the Army, dated 5 April 1967, that shows the FSM was posthumously awarded the Purple Heart. 6. The applicant provided copies of: a. Headquarters, 25th Infantry Division, General Orders Number 1247, dated 10 April 1967, that shows the FSM was posthumously awarded the Bronze Star Medal with "V" Device for action on 21 March 1967 in the Republic of Vietnam. b. Wikipedia Information on the AGCM Medal, printed on 30 July 2019, that shows criteria for award of the medal. 7. Item 31 (Foreign Service) of the FSM's DA Form 20 (Enlisted Qualification Record) shows service in Vietnam from 15 July 1966 to 14 July 1967 (21 March 1967). 8. The FSM's available records are void of any disciplinary actions or a commander's disqualification for award of the AGCM Medal for the period 1 November 1965 to 21 March 1967. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance and found that relief was warranted. The evidence of record confirms the FSM served honorably during the period 1 November 1965 to 21 March 1967. His record does not contain any information that would have precluded him from being recommended for or awarded the AGCM (1st Award), and he was honorably released from active duty. 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, the Board recommends that all Department of the Army records of the FSM be corrected by awarding the AGCM (1st Award) for the period 1 November 1965 to 21 March 1967. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The AGCM criteria states qualifying periods of service, in part, for first award only, for those individuals who died before completing 1 year of Federal military service or if the death occurred in the line of duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001887 4 1