BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001596 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: 10 August 2017 DOCKET NUMBER: AR20160001596 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 6 October 1966 through 3 October 1969; and b. adding the following awards to his DD Form 214 (Armed Forces of the United Status Report of Transfer or Discharge) * Army Good Conduct Medal (1st Award) * 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. BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001596 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). 2. The applicant states he served in the Army during the Vietnam conflict, in the Republic of Vietnam (RVN) for one year, and met the criteria for the AGCM. He was getting medals for his shadow box when he realized that he was never awarded the AGCM. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an Air Force Personnel Center AGCM factsheet. 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 September 1966, the applicant was inducted in the Army of the United States. He subsequently enlisted in the Regular Army on 6 October 1966. 3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show any entries for conduct and efficiency ratings. However, item 33 (Appointments and Reductions) shows he was promoted to the rank/grade of specialist five (SP5)/E-5. 4. The applicant’s record shows no evidence of nonjudicial punishment under the provision of Article 15 of the Uniform Code of Military Justice (UCMJ), no evidence of courts-martial, or evidence of any other type of adverse action that would preclude him from award of the AGCM (1st Award.) 5. On 3 October 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 contains the following entries: a. item 13a (Characterization of Service) – Honorable, b. item 22a (Net Service This Period) – 2 years, 11 months, and 28 days, c. item 22c (Foreign and/or Sea Service) – U.S. Army Pacific (USARPAC) – 1 year and 1 days in USARPAC, and d. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) – * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) with two bronze service stars * RVN Campaign Medal (VCM) with Device (1960) * Two overseas service stars (OSS) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal (ARCOM) REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the AGCM 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, Headquarters, United States Army Vietnam and its subordinate units [including the applicant's unit] were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974. 3. Army Regulation 635-5 (Separations Documents), then in effect, stated the DA Form 20 and any other available documents were among those source documents to be used when preparing the DD Form 214. DISCUSSION: 1. The evidence of record confirms he served honorably during the period 6 October 1966 through 3 October 1969. His records do not contain a commander's disqualification that would have precluded him from being recommended for or being awarded the AGCM (1st Award), he was promoted to the rank/grade of SP5/E-5, and received an honorable characterization of service. 2. Additionally, the RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973, which were subordinate to Headquarters, U.S. Army Vietnam. His DD Form 214 does not reflect this unit 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) AR20160001596 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001596 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2