ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 21 May 2019 DOCKET NUMBER: AR20180015430 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards authorized for his service in the Republic of Vietnam (RVN) from December 1967 to December 1968. 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 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 was inducted into the Army of the United States on 16 May 1967. Evidence shows he served in the RVN for the period 6 December 1967 to 1 December 1968. 3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. 4. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal (AGCM); neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 5. He was honorably released from active duty on 1 January 1969. The applicant's DD Form 214 shows he was awarded or authorized the National Defense Service Medal. 6. The AGCM may be awarded upon termination of service on or after 27 June 1950 of less than three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions by court-martial. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s induction and service in Vietnam, the reason for his separation, his conduct and efficiency ratings, and the absence of any disqualification in his records precluding the Army Good Conduct Medal. The Board determined, in addition to the corrections stated in the Administrative Note(s) that follow, that the applicant was also 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: - Awarding him the Army Good Conduct Medal for his service between 16 May 1967 and 1 January 1969, and; - Adding the Army Good Conduct Medal to item 24 (Decorations, Medals, Badges) if the DD Form 214 for the period of service ending 1 January 1969. 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 orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 1 January 1969 without action by the Board: * Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register), para 8a(5-9), authorizes the Vietnam Service Medal (VSM) with 1 silver service star * DA PAM 672-3 para 6d(1,2), authorizes the RVN Gallantry Cross with Palm Unit Citation * Army Regulation (AR) 600-8-22 (Military Awards), para 9-14, authorizes the RVN Campaign Medal with Device (1960) * AR 600-8-22, para 5-4, authorizes the Overseas Service Ribbon (OSR) Add to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the following awards: * VSM with 1 silver service star * RVN Gallantry Cross with Palm Unit Citation * RVN Campaign Medal with Device (1960) * OSR 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 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, one 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 three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions by court-martial. 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. ABCMR Record of Proceedings (cont) AR20180015430 4 1