ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 March 2019 DOCKET NUMBER: AR20180012995 APPLICANT REQUESTS: award of the Army Good Conduct Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For The Review of Discharge) dated 15 March 2017 * self-authored letter dated 15 March 2017 * DA Form 20 (Enlisted Qualification Record) * Letter of Commendation, dated 11 August 1966 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 January 1968 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 he was never awarded the Army Good Conduct Medal even though his conduct and efficiency ratings were excellent. Applicant states he qualifies for the Army Good Conduct Medal based on the published criteria for the award. 3. On 25 January 1965, the applicant enlisted in the Regular Army. After completing initial entry training, he was assigned to duty in Korea, and he later served in Vietnam. His DA Form 20 shows he received all “excellent” conduct and efficiency ratings. 4. The applicant received a Letter of Commendation, dated 11 August 1966, signed by his battalion commander, commending him for his contributions to the battalion’s mission. 5. On 16 January 1968, he was honorably released from active duty in the rank/grade of specialist five/E-5. He completed 2 years, 11 months, and 22 days of net active service with no lost time. His DD Form 214 does not list the Army Good Conduct Medal among his awards, nor does his record contain orders awarding him the Army Good Conduct Medal. 6. The applicant’s service record contains no derogatory information. 7. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The Board agreed the applicant’s record does not show he was denied the AGCM, and his DA Form 20 shows “excellent” ratings. 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 administrative notes annotated by the Analyst of Record (below the signature), 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 25 January 1965 through 16 January 1968, and adding the award to his DD Form 214. ___________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): The applicant is authorized several awards that are not recorded on his DD Form 214. Please correct his DD Form 214 by adding: * Korea Defense Service Medal * Two Bronze Service Stars with the Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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.