ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:    11 April 2019

	DOCKET NUMBER:  AR20160015679


APPLICANT REQUESTS:  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect:

* his service in the Republic of Vietnam
* all awards received while serving in Vietnam

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 20 (Enlisted Qualification Record), 3 pages

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  On 13 January 1967, the applicant was inducted in the Army of the United States.  He served in Vietnam from 25 July 1968 to on or about 22 November 1968 and was assigned to:

* Company C, 1st Battalion, 61st Infantry, Vietnam from 27 July 1968 to 20 September 1968
* U.S. Army Vietnam Patient Casual Company from 21 September 1968 to on or about 22 November 1968, as a patient

3.  His record contains an enlisted qualification record which shows he received all "excellent" ratings for conduct and efficiency, with the exception of one "unknown" rating.

4.  On 22 November 1968, the applicant was honorably released from active duty.  He completed 1 year, 10 months, and 10 days of active service with 3 months and 28 days of foreign service.

5.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was warranted.  Based upon the documents provided or found in his military service record, the Board concluded that the applicant was awarded the Vietnam Service Record and that it currently not on his DD Form 214.

Additionally, The Board determined based upon the duty ratings in his military service record, the applicant is entitled to and should be awarded the Army Good Conduct Medal.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 13 January 1967 to 22 November 1968
* adding to his DD Form 214 the Army Good Conduct Medal (First Award)

Additionally, prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes be made as well to more accurately depict the military service of the applicant.
	 
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.


ADMINISTRATIVE NOTE(S):

1.  A review of the applicant’s records shows:

	a.  He is authorized additional awards not listed on his DD Form 214:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with one bronze service star:  Vietnam Counteroffensive Phase V, 1 July 1968 - 1 November 1968
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - Company C, 1st Battalion, 61st Infantry, Vietnam from 27 July 1968 to 20 September 1968, DAGO Number 43 (1970)

	b.  DD Form 214, item 22c (Foreign and/or Sea Service) is void of the last oversea theater in which service was performed i.e., USARV (U.S. Army Vietnam).

2.  As a result, amend the DD Form 214 with an effective date of 22 November 1968 by adding:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* USARV




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  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.  However, 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.

ABCMR Record of Proceedings (cont)	 AR20160015679


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