BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004580 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 November 2017 DOCKET NUMBER: AR20160004580 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 24 June 1964 to 23 June 1967; and b. Amending his DD Form 214 for the period ending 23 June 1967 by deleting the Vietnam Service Medal and adding the following awards: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * 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. BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004580 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, in effect, he served three years of honorable service and the award should have been added to his DD Form 214 before he exited the Army. Since he was not put in for one, he would like to have it added now. 3. The applicant provides a copy of his DD Form 214 for the period ending 23 June 1967. 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 June 1964. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to the rank/grade of specialist (SPC)/E-5 on 25 August 1966. His DA Form 20 also shows he received "excellent" conduct and efficiency ratings throughout his entire period of active service. 4. The applicant served in the Republic of Vietnam from on or about 25 June 1965 through on or about 11 June 1966, where he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 16th Infantry Regiment. 5. The applicant was honorably released from active duty on 23 June 1967 in the rank/grade of SPC/E-5 after completing 3 years of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * "VDCM" (unknown/unverified award) * "Medical Badge" (a reference to either the Expert Field Medical Badge or the Combat Medical Badge) * Expert Marksmanship Qualification Badge with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. There are no orders in the applicant's available record that show he was awarded the AGCM. 7. There is no evidence in the applicant's record of nonjudicial punishment, adverse counseling, or any type of derogatory information that would have precluded him from being awarded the AGCM. REFERENCES: 1. 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; 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 he/she could not have been convicted by court-martial. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 shows during his service in Vietnam, campaign participation credit was awarded for the following two campaigns: the Vietnam Defense Campaign (8 March - 24 December 1965), and the Vietnam Counteroffensive (25 December 1965-30 June 1966). 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. According to this pamphlet, Headquarters and Headquarters Company, 2nd Battalion, 16th Infantry Regiment, the applicant's unit of assignment during his period of service in Vietnam, was awarded or authorized the following unit citations during the period in which he was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968, by DAGO Number 32, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 12 July 1965 to 7 April 1970, by DAGO Number 53, dated 1970 DISCUSSION: 1. The applicant's request for award of the AGCM and correction of his DD Form 214 to show this award, was carefully considered. 2. The applicant served honorably during the period of 24 June 1964 to 23 June 1967. He received "excellent" conduct and efficiency ratings throughout his period of active duty service. His record is void of any derogatory information that would have precluded him from being awarded the AGCM (1st Award). 3. The applicant served in the Republic of Vietnam from on or about 22 September 1966 through on or about 17 September 1967; he participated in two campaigns during this period. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the two bronze service stars he is authorized for campaign participation. 4. Department of the Army general orders awarded the unit to which he was assigned during his service 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. 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) AR20160004580 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004580 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2