ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20190001116 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Army Commendation Medal and the Army Good Conduct Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record) dated 14 November 2018 * DA Form 1577 (Authorization for Issuance of Awards) * Army Commendation Medal Certificate * Army Commendation Medal Citation * 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 states he received the Army Commendation Medal and Army Good Conduct Medal in the mail several weeks after he was released from active duty, but until recently did not realize they were not recorded on his DD Form 214. 3. On 24 March 1969, the applicant was inducted into the Army of the United States. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 33 (Appointments and Reductions) – he was promoted to specialist five/E-5 effective 22 July 1970 * Item 38 (Record of Assignments) – he was assigned to duty in Vietnam with subordinate units of the U.S. Army Support Command, Cam Ranh Bay, from 22 September 1970 to 14 March 1971 * Item 38 – he received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings * Item 41 (Awards and Decorations) – no entries for the Army Commendation Medal or the Army Good Conduct Medal 5. The applicant provides an Army Commendation Medal Certificate showing he received the award for meritorious service in Vietnam, during the period September 1970 to March 1971. The certificate is signed by Brigadier General K, who was the commander of U.S. Army Support Command, Cam Ranh Bay, at that time. 6. The available records do not contain orders announcing award of the Army Commendation Medal or Army Good Conduct Medal to the applicant. 7. On 15 March 1971, he was honorably released from active duty. The DD Form 214 he was issued at the time does not show the Army Commendation Medal or the Army Good Conduct Medal among his awards. 8. His service record is void of any derogatory information. 9. He provides a DA Form 1577 showing the Army Good Conduct Medal was authorized to be issued to him on 3 July 1975. 10. Army Regulation 600-8-22 (Military Awards) state the Army Commendation Medal is awarded to any Service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Award of the Army Commendation Medal is announced in orders. 11. 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. BOARD DISCUSSION: After reviewing the Record of Proceedings and all supporting documents, the Board determined that evidence supports granting full relief: a. awarding of the Army Commendation Medal to the applicant based upon the citation and certificate dated 19 March 1971, and b. awarding of the Good Conduct Medal based on the applicant’s excellence conduct ratings on the DA Form 20 and a DA Form 1577 dated 3 July 1975 showing he was authorized this award. 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 Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a. adding the Army Commendation Medal b. awarding the 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): Update the DD Form 214 for the period ending 15 March 1971 by deleting "VSM" and adding the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the 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 600-8-22 (Military Awards) state the Army Commendation Medal is awarded to any Service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Award of the Army Commendation Medal is announced in orders. 3. 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. //NOTHIING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001116 3 1