ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20170015046 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Air Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 (ABCMR) 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 in pertinent part, a few months after his discharge he received the Air Medal. However, it is not listed on his DD Form 214. 3. The applicant’s award request for the Air Medal is supported by sufficient evidence in his records, which includes a General Order (GO) awarding him the Air Medal; therefore, it will be administratively corrected and not considered by the Board. A review of the applicant’s records revealed he was not awarded the Army Good Conduct Medal during his period of service. The Board will consider the Army Good Conduct Medal for the applicant. 4. A review of the applicant’s service records show the following on: * 28 January 1969 – the applicant was inducted into the Army of the United States * 5 July 1969 – 4 July 1970 – the applicant served in Vietnam with the following units in Vietnam: * B Company, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division from on or about 13 July 1969 to on or about 29 January 1970 * Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division from on or about 29 January 1970 to on or about 4 July 1970 * 27 January 1971 – the applicant was honorably released from active duty, DD Form 214 shows he completed 2 years of net active service and was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal w/1960 Device * Combat Infantryman Badge * the applicant’s records do not show he was awarded the Army Good Conduct Medal and his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal, additionally DA Form 20 (Enlisted Qualification Record) shows "excellent" conduct and efficiency ratings 5. Army Regulation (AR) 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. There must have been no convictions by a court-martial. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board concurs with the correction (Air Medal) stated in the Administrative Note(s) below. The Board considered the applicant’s Excellent Conduct and Efficiency ratings reflected on his DA Form 20, the absence of a disqualification in his records and the period of his service. The Board determined, based on a preponderance of evidence, that the applicant is entitled to award of the Army Good Conduct Medal. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 corrections stated in the Administrative Note(s) that follow, 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 amending his DD Form 214 for the period of service ending 27 January 1971 to add in item 24 (Decorations, Medals, Badges, Commendations) – “Army Good Conduct Medal”. 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 following awards and decorations are not listed on the applicant’s DD Form 214 and have sufficient evidence to support the awards listed and do not require a Board vote for correction of the applicant’s records: * GO Number 1693, issued by Headquarters, 25th Infantry Division awarded the applicant the Army Commendation Medal (1st Award) * GO Number 2608, issued by Headquarters, 25th Infantry Division awarded the applicant the Army Commendation Medal with “V” Device * GO Number 4399, issued by Headquarters, 25th Infantry Division awarded the applicant the Air Medal (1st Award) * a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign, during his service in Vietnam, campaign participation credit was awarded for the following four campaigns: * the Vietnam Summer Fall 1969, 9 June 1969 – 31 October 1969 * the Vietnam Winter-Spring, 1 November 1969-30 April 1970 * the DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970 * the Vietnam Counteroffensive, Phase VII, 1 July 1970-30 June 1970 * Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by Department of the Army General Order Number 8, dated 1974 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 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. AR 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. There must have been no convictions by a court-martial. ABCMR Record of Proceedings (cont) AR20170015046 0 3 1