BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160012920 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160012920 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 20 January 1970 through 23 September 1971, b. deleting the Vietnam Service Medal from his DD Form 214 and c. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Army Commendation Medal to his DD Form 214. _____________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: 9 May 2018 DOCKET NUMBER: AR20160012920 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 following awards: * Army Commendation Medal * Army Good Conduct Medal * unspecified Vietnam unit award 2. The applicant states he was awarded these medals during his military service. 3. The applicant provides a copy of his DD Form 214. 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 was inducted into the Army of the United States on 20 January 1970. 3. He departed the continental United States en route to Vietnam on 16 June 1970. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Company C, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade in Vietnam from 30 June 1970 to 20 December 1970 * he was assigned to the 23d Military Police Company, 23rd Infantry Division in Vietnam from 21 December 1970 to 30 April 1971 * he received excellent conduct and efficiency ratings throughout his service * no Army Commendation Medal in item 41 (Awards and Decorations) 5. He participated in two campaigns during his assignment in Vietnam. 6. He departed Vietnam en route to the United States on or about 1 May 1971. 7. There are no orders for the Army Commendation Medal in the available records. 8. On 23 September 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 8 months, and 4 days of creditable service with no time lost. 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) * Combat Infantryman Badge 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal Army Commendation Medal orders pertaining to the applicant. 11. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, a formal recommendation, approval through the chain of command, and announcement in orders is required. b. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 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 the 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. 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 the 4th Battalion, 31st Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970 in Department of the Army General Orders Number 6, dated 1974. DISCUSSION: 1. Although the applicant contends he was awarded the Army Commendation Medal, there are no orders for award of the Army Commendation Medal in his available records and the Awards and Decorations Computer-Assisted Retrieval System does not contain a copy of any orders awarding him the Army Commendation Medal. 2. He completed 20 months of active service ending with his release from active duty on 23 September 1971. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 3. He participated in two campaigns during his service in Vietnam and is authorized two bronze service stars for wear with his the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 4. His Vietnam unit (4th Battalion, 31st Infantry Regiment) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period for which he was assigned. His DD Form 214 does not show 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) AR20160012920 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012920 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2