ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 January 2019 DOCKET NUMBER: AR20170015771 APPLICANT REQUESTS: * in effect, to be awarded the Army Good Conduct Medal (1st Award) * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (1st Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 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 (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 he served from 20 May 1968 to 13 January 1970 in the U.S. Army with service in Vietnam from 10 October 1968 to 18 October 1969. He returned from Vietnam with Malaria and he was released from the military a few months early due to the disease. He was never awarded the Army Good Conduct Medal and he requests to have it added to his military records and placed on his DD Form 214. He would also like to receive the medal. 3. A review of the applicant’s service records shows the following: a. 20 May 1968, he enlisted in the Regular Army. b. He received “excellent” conduct and efficiency ratings throughout his military service. c. Special Orders (SO) Number 262, dated 18 September 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). d. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with “60” Device * 2 overseas service bars * Marksman Badge with Rifle Bar e. 13 January 1970, he was honorably released from active duty. 4. His records are void of orders awarding him the Army Good Conduct Medal. His record is also void of any disciplinary infractions, to include conviction by court-martial. 5. By regulation, the criteria for the first award only of the Army Good Conduct Medal, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year requires all “excellent” conduct and efficiency ratings and no convictions by a court-martial. a. He served on active duty from 20 May 1968 to 13 January 1970, a period of 1 year, 7 months, and 24 days. b. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows all “excellent” conduct and efficiency ratings throughout his military service. c. There is no record of derogatory information in the service record, to include a conviction by court-martial. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. Based upon evidence within the applicant’s service record, the Board determined that granting the applicant’s request was appropriate. Additionally, prior to closing the case, the Board noted the administrative corrections found by the analyst of record which are annotated in the administrative notes below and recommend those changes be completed as well in order to accurately depict the military service of the applicant. 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) awarding him the Army Good Conduct Medal. SIGNATURE: ___________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): He is authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star with his already awarded Vietnam Service Medal. 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. 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. 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. AR 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. ABCMR Record of Proceedings (cont) AR20170015771 3 1