IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010187 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: 3 May 2016 DOCKET NUMBER: AR20150010187 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 14 September 1966 through 12 September 1969; and b. amending his DD Form 214 by deleting the Vietnam Service Medal and the Meritorious Unit Citation and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) * Meritorious Unit Commendation with 2 oak leaf clusters * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010187 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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states he was not awarded the AGCM. He was never given an Article 15 and he never had any disciplinary action taken against him. 3. The applicant provides no additional evidence in support of his request. 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 14 September 1966. He completed his initial entry training and was awarded military occupational specialty (MOS) 62L (Wheeled Tractor Operator). The highest rank/grade he attained during his period of active service was specialist five/E-5. 3. He served in the Republic of Vietnam from on or about 22 February 1967 through on or about 16 February 1968, where he was assigned to Company B, 169th Engineer Battalion (Construction), U.S. Army Vietnam (USARV). 4. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments), he had all "excellent" conduct and efficiency ratings throughout his period of military service * Item 39 (Campaigns), he participated in two campaigns: "Vietnam Counteroffensive, Phase III," and the "TET Counteroffensive" 5. He was honorably released from active duty on 12 September 1969 by reason of expiration of term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: a. Item 22b (Statement of Service – Total Active Service), he was credited with completing 2 years, 11 months, and 29 days of total active service; and b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal (formally known as the Republic of Vietnam Campaign Medal with Device (1960)) * Meritorious Unit Citation (formally known as the Meritorious Unit Commendation) 6. His record is void of documentation that shows he was awarded the AGCM. However, despite the absence of award orders, there is no evidence he was convicted by court-martial of violations of the Uniform Code of Military Justice, and there is no evidence his commander contemplated or took action to deny him his initial award of the AGCM. 7. Special Orders Number 309, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky on 5 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Meritorious Unit Commendation (MUC) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Effective 1 March 1961, it was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in performance of outstanding services for at least 6 continuous months in support of military operations. Additionally, an oak leaf cluster is authorized for wear for each additional award of the MUC. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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, and there must have been no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows: a. The unit to which the applicant was assigned was cited for the following: * Meritorious Unit Commendation, for meritorious service during the period June 1966 - April 1967, by Department of the Army General Orders (DAGO) Number 17, dated 1968 * Meritorious Unit Commendation, for meritorious service during the period 1 May - 31 October 1967, by DAGO Number 66, dated 1968 * Meritorious Unit Commendation, for meritorious service during the period 1 November 1967 - 30 April 1968, by DAGO Number 43, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 3 August 1967 - 9 February 1970, by DAGO Number 43, dated 1970 b. DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant served honorably on active duty from 14 September 1966 through 12 September 1969. During this period, he received all "excellent" conduct and efficiency ratings and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service. Additionally, there is no evidence his commander contemplated or took action to deny him his initial award of the AGCM. 2. He participated in two campaigns during his service in the Republic of Vietnam. The applicable Army regulation states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. His DD Form 214 does not show any service stars associated with his previously awarded Vietnam Service Medal. 3. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This marksmanship award is not shown on his DD Form 214. 4. General orders awarded his unit the MUC for service during three separate periods that coincided with his period of assignment in the Republic of Vietnam. 5. The applicable Army regulation states an oak leaf cluster is authorized for wear with each additional award of the MUC. These unit awards are not shown on his DD Form 214. 6. Additionally, general orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown 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) AR20150010187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010187 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2