BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000809 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 BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000809 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 for the period 30 December 1963 to 19 December 1966; b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Korea Defense Service Medal _____________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. BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000809 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 military records by showing he was awarded the Army Good Conduct Medal. 2. The applicant states he was never awarded the Army Good Conduct Medal. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 4 (Enlistment Record – Armed Forces of the United States) * DA Form 20 (Enlisted Qualification Record) 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. On 30 December 1963, the applicant enlisted in the Regular Army for 3 years. He was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic). He was subsequently awarded MOS 76D (Ordnance Supply and Parts Specialist). 3. On or about 15 August 1964, the applicant was assigned to the 702nd Maintenance Battalion, located in the Republic of Korea. He returned to the United States on or about 31 August 1965. 4. On or about 23 August 1966, the applicant was assigned to Headquarters and Company A, 704th Maintenance Battalion, Fort Lewis, Washington. On 8 September 1966, he went with his unit to the Republic of Vietnam. 5. On or about 19 December 1966, the applicant departed the Republic of Vietnam and returned to the United States. 6. On 19 December 1966, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years, 11 months, and 20 days of creditable active duty service. His characterization of service was honorable. His DD Form 214 lists his awards as: * Vietnam Service Medal * Vietnam Campaign Medal * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his conduct and efficiency ratings were excellent. The applicant’s records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967). b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. During the period in which the applicant was assigned to Company A, 704th Maintenance Battalion, the unit was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970; and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1966 through 31 October 1969 by DAGO Number 54, dated 1970. 3. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends 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. Ratings of "unknown" for portions of the period under consideration are not disqualifying. DISCUSSION: 1. The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant and achieving "excellent" conduct and efficiency ratings. Additionally, his records do not contain any adverse actions that would have precluded him from being awarded the Army Good Conduct Medal. As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). His DD Form 214 does not reflect this award. 2. The applicant's records show he participated in one campaign during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect one bronze service star to indicate his campaign participation. 3. General orders awarded the applicant's unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD Form 214 does not reflect these awards. 4. The applicant’s records show that he served in the Republic of Korea during a qualifying period for award of the Korea Defense Service Medal. His DD Form 214 does not reflect this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000809 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000809 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2