IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004420 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) to show the Army Commendation Medal. 2. The applicant states he received the medal on or about 20 April 1967 at Fort Wadsworth, NY, but it is not shown on his DD Form 214. 3. The applicant provides his DD Form 214, an award citation, orders, and a letter from the National Personnel Records Center. 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 enlisted in the Regular Army on 24 February 1964 and he held military occupational specialty 97B (Military Intelligence (MI) Specialist). On 20 October 1965, he was promoted to the rank/grade of sergeant (SGT)/E-5. 3. He served in Vietnam from 13 April 1966 to 11 February 1967 while assigned to Company B, 519th MI Battalion. 4. He was honorably released from active duty on 15 February 1967 in the rank of SGT and he was transferred to the U.S. Army Reserve (USAR). He completed 2 years, 11 months, and 22 days of total active service with no lost time. 5. The DD Form 214 he was issued shows he was awarded or authorized the: * Vietnam Service Medal * Vietnam Campaign Medal * 2 overseas service bars * National Defense Service Medal 6. General Orders (GO) Number 1579, dated 7 April 1967, issued by the United States Army Vietnam, awarded him the Army Commendation Medal for meritorious achievement for the period 1 December 1966 to 21 February 1967. 7. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service except for the period from 4 to 28 September 1964 (25 days) when he received "unknown" ratings. 8. Item 41 (Awards and Decorations) shows he was awarded the Expert Marksmanship Qualification Record with Rifle Bar (M-14). 9. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 10. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. "Unknown" ratings did not disqualify an individual from receiving the Army Good Conduct Medal. 11. 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his record shows that during his service in Vietnam he participated in two campaigns. 12. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214. 2. The evidence of record confirms he served honorably from 24 February 1964 through 15 February 1967. He served in Vietnam and received all "excellent" conduct and efficiency ratings except for 25 days when he received an "unknown" rating. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal. He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service. 3. His record confirms he participated in two campaigns during his service in Vietnam. He is entitled to 2 bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. In addition, his record confirms he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 24 February 1964 through 15 February 1967 * deleting the Vietnam Service Medal from his DD Form 214 * adding to his DD Form 214 the: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert 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. ABCMR Record of Proceedings (cont) AR20150004420 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1