IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150005405 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 the award was issued while he was in between two duty stations. It was sent to his parent's house and he assumes that is the reason it is not listed on his DD Form 214. 3. The applicant provides his DD Form 214, General Orders (GO) Number 410 (Army Commendation Medal), an award citation, and a transmittal letter. 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 3 June 1966 and he held military occupational specialty 31S (Field General Communications Security Repairer). 3. He served in Vietnam from on or about 22 May 1967 to on or about 18 May 1968. He was assigned to the 706th Signal Detachment. 4. GO Number 410, issued by Headquarters, 1st Signal Brigade on 31 May 1968 awarded him the Army Commendation Medal for meritorious service from May 1967 to May 1968. 5. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 2 June 1969. His DD Form 214 shows he completed 3 years of active service with no lost time and he was awarded or authorized the: * 2 overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Campaign Medal with 1960 Device * Vietnam Service Medal * National Defense Service Medal 6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam from 3 July 1965 to 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967 * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 * Tet Counteroffensive, 30 January - 1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968 7. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 8. A review of the applicant's service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service (except for a "good" efficiency rating during school). 9. 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. "Good" efficiency ratings received while in training were not disqualifying. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214. 2. He was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in Vietnam. He meets the criteria for award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these service stars. 3. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 3 June 1966 to 2 June 1969, serving in Vietnam, attaining the rank/grade of SP5/E-5, and receiving "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. 4. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. This unit award is not listed on his DD Form 214. BOARD VOTE: ___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 individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 June 1966 through 2 June 1969 * deleting from his DD Form 214 the Vietnam Service Medal and adding: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * 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. ABCMR Record of Proceedings (cont) AR20150005405 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005405 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1