ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  20 December 2018

                  DOCKET NUMBER:  AR20170006911

1.  Applicant Requests:  Correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to:

*	reflect all missing awards, citations, and medals from his service in the Republic 
of Vietnam
*	declassification of his personnel records to show his activities

2.  Applicant Supporting Documents Considered by the Board:  

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 20 (Enlisted Qualification Record)
*	DD Form 214 

3.  Facts and Analysis: 

     a.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, 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.
     b.  The applicant states he would like his DD Form 214 amended to reflect all unit 
and individual awards he earned during his time in service.  The applicant’s awards 
requests are supported by multiple awards orders; therefore, several awards will be 
administratively corrected.  The Board will consider awarding the Army Good Conduct 
Medal.

     c.  He further requests his military personnel records be declassified (unredacted) to 
show his activities.  

     d.  The applicant entered the Regular Army on 1 June 1966.  He was honorably 
released from active duty on 29 May 1969.  

     e.  The applicant's service records contain, and the applicant provided, a                            
DA Form 20 (Enlisted Qualification Record) which shows he served in the Republic of 
Vietnam from 20 December 1966 through 10 December 1967.  He was assigned to 
Company A and Company C, 44th Signal Battalion during his service in Vietnam.  
     f.  Army Regulation 380-5 (Security) provides the guidance in the classification and 
declassification of documents.  The applicant's service records reviewed did not contain 
any documentation that was classified.    

     g.  Army Regulation 672-5-1 (Awards), in effect at the time, provides the Army Good 
Conduct Medal (AGCM) is awarded in recognition of exemplary behavior, efficiency, 
and fidelity during enlisted status in active Federal military service.  

     h.  The applicant’s record shows:

*	He served honorably between 1 June 1966 and 29 May 1969
*	Item 38 (Record of Assignments) on his DA Form 20 shows he received 
"excellent" conduct and efficiency ratings throughout his period of service 
*	DA Form 2166 (Enlisted Efficiency Report) indicates he showed exceptional 
ability in accomplishing any job given to him 
*	There is no evidence of any convictions by court-martial or nonjudicial 
punishment under Article 15, Uniform Code of Military Justice
*	His service record does not show he was awarded the AGCM and it is not 
listed on his DD Form 214 

4.  Board Discussion:
      a.  The Board considered the applicant’s request with all supporting documents, 
evidence in the service record and applicable policies and guidance.  The applicant 
requests that his DD Form 214 be corrected to reflect all unit and individual awards that 
he earned during his time in service and declassification of his personnel records to 
show his activities.

     b.  A records review showed the applicant earned awards reflected under 
ADMINISTRATIVE NOTES.  The applicant’s service record indicates he should have 
received, but did not receive, the Army Good Conduct Medal.  Consequently, the 
greater weight of evidence indicates that the applicant’s records should be corrected to 
reflect receipt of the Army Good Conduct Medal. 
    c.  As for the declassification of his personnel records to show his activities, the 
Board does not have the authority to declassify documents as that must be done by the 
original classification authority per Army Regulation 380-5 (Security).

5.  Board Vote:
Member 1	Member 2	Member 3
:	      :	      :	Full Grant 
X	X	X	Partial Grant 
:	      :	      :	Formal Hearing Grant 
:	      :	      :	Deny
6.  Board Determination/Recommendation:		
     a.  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:

*	Awarding the applicant the Army Good Conduct Medal (1st Award) for the 
period from 1 June 1966 and 29 May 1969
*	Amending his DD Form 214 with an effective of 29 May 1969 by adding the 
Army Good Conduct Medal

      b.  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 declassification of his personnel records
									   																	
														 
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:
1.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is 
authorized with the Vietnam Service Medal for each Vietnam campaign a member is 
credited with participating in.  Appendix B shows that during his service in Vietnam, the 
applicant participated in the following campaigns:  
*	Vietnam Counteroffensive Phase II 1 July 1966 - 31 May 1967
*	Vietnam Counteroffensive Phase III 1 June 1967 - 29 January 1968

2.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation 
Register) shows that Headquarters, United States Army Vietnam and it's subordinate 
units, to include Company A and Company C, 44th Signal Battalion, in which the 
applicant was assigned, were awarded the Vietnam Gallantry Cross with Palm Unit 
Citation for service in Vietnam from 20 July 1965 to 28 March 1973.  

3.  Amend the applicant's DD Form 214 with an effective date of 29 May 1969 by 

*	Deleting Vietnam Service Medal, and

*	Adding:

*	Vietnam Service Medal with two bronze service stars 
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
 
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REFERENCES

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.  

2.  Army Regulation 380-5 (Security) provides the guidance in the classification and 
declassification of documents.  It states information will be declassified when it no 
longer meets the standards and criteria for classification.  The authority to declassify 
information resides with the original classification authority (OCA) for that information 
and those appointed as declassification authorities, subject to the criteria specified in 
EO 12958 and/or successor orders and directives.  Department of the Army files and 
records will not be declassified without prior review to determine if continued 
classification is warranted and authorized.  

3.  Army Regulation 672-5-1 (Awards), in effect at the time, provides the Army Good 
Conduct Medal (AGCM) is awarded in recognition of exemplary behavior, efficiency, 
and fidelity during enlisted status in active Federal military service.  It is awarded on a 
selective basis to each Soldier who distinguishes himself from among his fellow Soldiers 
by his exemplary conduct, efficiency, and fidelity while in an enlisted status.  The 
qualifying periods of service to receive the AGCM are:

*	each 3 years completed on or after 26 August 1940
*	for first award only, 1 year served entirely during the period of 7 December 1941 
to 2 March 1946
*	for first award only, upon termination of service on or after 27 June 1950, of less 
than 3 years but more than 1 year
*	for first award only, upon termination of service on or about 27 June 1950, of less 
than 1 year when final separation was by reason of physical disability incurred in 
line of duty
*	for first award only, for those individuals who were killed in action or who died 
prior to the completion of one year's active Federal military service

4.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is 
authorized with the Vietnam Service Medal for each Vietnam campaign a member is 
credited with participating in.  Appendix B provides time frames for Vietnam campaigns.  

ABCMR Record of Proceedings (cont)	AR20170006911
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