ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 June 2019 DOCKET NUMBER: AR20170004882 APPLICANT REQUESTS: in effect, correction to the following items of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * item 22c (Foreign and/or Sea Service) of his to show at least 18 months service in the Republic of Vietnam * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add all of the awards to which he is entitled APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DD Form 215 (Correction to DD Form 214) 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. Item 22c of the applicant's DD Form 214 was previously corrected through the issuance of DD Form 215 dated 6 October 2008 to show he served 1 year, 6 months and 29 days in Vietnam. 3. The Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction: * Marksman Marksmanship Qualification Badge with Rifle Bar (M14) * 3 bronze service stars for his previously awarded Vietnam Service Medal (VSM) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. The applicant enlisted in the Regular Army on 10 January 1966. Evidence shows he served in the Republic of Vietnam from 15 July 1966 through 13 February 1968. He served with the 155th Aviation Company (Airmobile) from 30 July 1966 to 9 February 1968. 5. Item 38 (Record of Assignments) of his DA Forms 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. 6. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal (AGCM); neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of non-judicial punishment under Article 15, Uniform Code of Military Justice. 7. He was honorably released from active duty on 19 December 1968. The applicant's DD Form 214 and subsequently issued DD Forms 215 show he was awarded or authorized the: * Purple Heart * National Defense Service Medal * Vietnam Campaign Medal with Device (1960) * VSM * Aircraft Crewman Badge * Air Medal (AM) (16th oak leaf cluster (olc)) * 1 overseas service bar 8. Army Regulation 635-8 (Separation Processing and Documents), paragraph 8-4b states, do not issue a DD Form 215 when two DD Forms 215 have already been issued for the same DD Form 214. [Note: Correction of the applicant's record would require that his DD Form 214 and subsequently issued DD Forms 215 be voided and replaced with a new DD Form 214.] BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that in addition to the administrative corrections outlined below the signature, full relief was warranted. The Board determined that evidence supports awarding the applicant the Army Good Conduct Medal to the applicant based upon him receiving excellent conduct and efficiency ratings on his DA Form 20. 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: In addition to the administrative notes below the signature block, the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 to correct item 24, (Decorations, Medals, etc.) to show AGCM (1st award). 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. ADMINISTRATIVE NOTE(S): The applicant's DD Form 214 for the period ending on 19 December 1968 and subsequently issued DD Forms 214 will be voided and the applicant will be issued a new DD Form 214, which includes any awards the Board may grant, and the addition of the below awards: * Marksman Marksmanship Qualification Badge with Rifle Bar (M14) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, one 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 three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions 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. 3. Army Regulation 635-8 (Separation Processing and Documents), paragraph 8-4b states, do not issue a DD Form 215 when two DD Forms 215 have already been issued for the same DD Form 214. //NOTHING FOLLOWS//