ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20170010639 APPLICANT REQUESTS: * award of the Army Good Conduct Medal (AGCM) * in effect, the Vietnam Veteran Lapel Pin with ribbon (if eligible) * badges for hand grenades and .50 caliber machine gun APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * DD Form 214 (Report of Separation from Active Duty) 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. The applicant states they were told that they would receive their AGCM after they were discharged, but that never happened despite several attempts. He is also requesting the Vietnam Service Lapel Pin with ribbon, if eligible, and badges for the .50 caliber machine gun and hand grenades. His Honorable Discharge Certificate was lost or stolen and he would like a copy to replace it. 3. The applicant provides the above listed documents. 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve on 18 January 1974. He entered active duty on 4 March 1974. b. His DA Form 2166-4 (Enlisted Efficiency Report and DA Form 2166-5 (Enlisted Evaluation Report) shows he received "excellent" conduct and efficiency ratings from date of entry until he was relieved from active duty. c. His service record is void of documentation confirming training or awarding him: * Marksmanship Qualification Badge with Machine Gun * Marksmanship Qualification Badge with Hand Grenade d. On 3 March 1977, he was honorably released from active duty. His DD Form 214 shows he completed 3 years of total active service with 1 month and 15 days of inactive service. It also shows he was awarded or authorized: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 5. Award of the Vietnam Veteran Lapel Pin and accompanying ribbon is not within the purview of the Board. Information on obtaining the requested pin can be found on https://www.vietnamwar50th.com/about/vietnam_veteran_lapel_pin/. 6. By regulation AR 672-5-1, the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, 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 there must be no convictions by a court-martial. 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 * he completed 3 years * he received all excellent conduct and efficiency ratings throughout his military service * there is no record of a court-martial conviction 7. By regulation AR 635-5, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The Board agreed he met regulatory criteria for award of the Army Good Conduct Medal (1st Award). Based upon the documentary evidence provided by the applicant and found within the military service record, the Board also agreed there is insufficient evidence that shows he was awarded or authorized the additional requests. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 4 March 1974 to 3 March 1977, and adding the medal to his DD Form 214 for the period ending 3 March 1977. 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 additional awards. 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. 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. 3. Army Regulation 635-5 (Separation Documents – Personnel Separations) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170010639 4 1