ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 22 January 2019 DOCKET NUMBER: AR20170013823 APPLICANT REQUESTS: * award of three bronze service stars for wear with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar * reissue of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the awards listed above and to show he completed a 3-week aircraft maintenance course in 1971 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Brief in support of his application with supporting documents * 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. The applicant’s request for award of three bronze service stars for wear with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar are supported by the record. His request for correction of his DD Form 214 to show he completed a 3-week aircraft maintenance course in 1971 is also supported by the record. Therefore, these items will be administratively corrected and not considered by the Board. The Board will consider: * awarding him the Army Good Conduct Medal * reissuing his DD Form 214 to show all requested awards and training 3. The applicant was inducted into the Army of the United States on 26 January 1971. After completing initial entry training, he was assigned to duty in Vietnam from on or about 3 September 1971 to 5 April 1972. He was honorably released from active duty under the Phasedown Release Program on 8 April 1972 in the rank/grade of specialist four/E-4. His record further shows: * where recorded, he received “excellent” conduct and efficiency ratings * no evidence of misconduct or conviction by court-martial * he completed 1 year, 2 months, and 13 days of active duty service 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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. 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. 5. Army Regulation 635-8 (Separation Processing and Documents) governs the preparation and correction of the DD Form 214. It states that once a DD Form 214 has been issued, it will not be reissued except when directed by appellate authority, executive order, or by the Secretary of the Army, or when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). The regulation also directs that a DD Form 214 be reissued to correct certain items, such as characterization of service. The items pertaining to awards and training may be amended by issuing a DD Form 215. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record, applicable regulations, policy and guidance. The applicant’s service record shows excellent conduct and efficiency reports and there was no derogatory information found. Therefore the Board finds the applicant meets the criteria for award of the Army Good Conduct Medal. The remainder of the applicant’s requests are addressed in the administrative notes below. 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 26 January 1971 to 8 April 1972 and correcting his DD Form 214 to show this award. SIGNATURE: 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. Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, which should be added to his DD Form 214. 2. The applicant served in Vietnam from 3 September 1971 to 5 April 1972 during three campaigns (Consolidation I (1 July 1971—30 November 1971), Consolidation II (1 December 1971—29 March 1972), and Vietnam Cease-Fire (30 March 1972—28 January 1973)). He is authorized three bronze service stars for wear with his Vietnam Service Medal, which should be added to his DD Form 214. 3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units subordinate to U.S. Army Vietnam for the period 20 July 1965 to 28 March 1973. This unit award should be added to his DD Form 214. 4. The applicant completed Aircraft Maintenance Phase 1 (Military Occupational Specialty 67A10) during a 3-week period in 1971. This course should be added to item 25 (Education and Training Completed) of his DD Form 214. 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, 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. 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 635-8 (Separation Processing and Documents) governs the preparation and correction of the DD Form 214. It states that once a DD Form 214 has been issued, it will not be reissued except when directed by appellate authority, executive order, or by the Secretary of the Army, or when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). The regulation also directs that a DD Form 214 be reissued to correct certain items, such as characterization of service. The items pertaining to awards and training may be amended by issuing a DD Form 215. ABCMR Record of Proceedings (cont) AR20170013823 2 1