ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  6 June 2019  

	DOCKET NUMBER:  AR20190002593


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to add the Army Commendation Medal 
(ARCOM).  He also requests award of the Army Good Conduct Medal (AGCM) and a 
personal appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	ARCOM Narrative, Certificate, and Medal (photograph)

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 Board will not consider the portion of the applicant's request that relates to 
adding the ARCOM to his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) as this item will be addressed through an administrative 
correction.

3.  The applicant states that he was told that he would receive the AGCM but because 
left Vietnam unexpectedly he never received this award.  As proud American and 
Vietnam veteran, he would never steal valor or perjure his reputation.  In the past he 
was honored as the Grand Marshall of his township, the New York Mets Veteran of the 
Game.  He sits on the Veterans Advisory board in his township and is an active member 
in the local chapter of Vietnam Veterans of America.  He is personally working with the 
several professional sports teams to have the "Killed in Action" flag flown at their 
stadiums.

4.  On 22 December 1965, the applicant was inducted into the Army of the United 
States.

5.  He served in Vietnam from 13 October 1966 through 24 September 1967 and he 
was assigned to Headquarters and Headquarters Battery, 1st Battalion, 83rd Artillery.  
His Vietnam service coincides with the Vietnam Counteroffensive, Phase II and Phase 
III campaigns. 

6.  There is no evidence indicating the applicant was considered for award of the 
AGCM.  His record contains no evidence of misconduct or conviction by court-martial.  
Item 38 (Record of Assignments) shows he had "Excellent" conduct and efficiency 
rating throughout his period of service.

7.  He was honorably released from active duty on 25 February 1967 having completed 
1 year, 9 months, and 4 days of active service.  His DD Form 214 shows he was 
awarded or authorized:

*	National Defense Service Medal
*	Republic of Vietnam Campaign Medal with "1960" Device
*	Purple Heart
*	Vietnam Service Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  AR 672-5-1 (Awards), in effect at the time, stated the ACGM is awarded to 
individuals who distinguish themselves by their conduct, efficiency, and fidelity.  
Although there is no automatic entitlement to the Army Good Conduct Medal, 
disqualification must be justified.  Any one of the following periods of continuous 
enlisted active Federal military service qualifies for award:

*	Each 3 years completed on or after 27 August 1940
*	For first award only, upon termination of service on or after 27 June 1950 of 
less than 3 years but more than 1 year
*	during the Vietnam era, enlisted members with all “excellent” conduct and 
efficiency ratings and no court martial convictions

9.  Army Regulation 15-185 (ABCMR) states that Personal appearances before the 
Army Board for Correction of Military Records are by invitation of the Board only, and 
are not automatically scheduled at the applicant’s request.  Personal appearances are 
scheduled only when the Board determines a personal appearance hearing is 
necessary.

BOARD DISCUSSION:

After review of the application and all evidence, and in addition to the administrative 
notes below the signature, the Board determined that there is sufficient evidence to 
grant partial relief.  
1.  The Board determined that evidence supports awarding of the Army Good Conduct 
Medal to the applicant based upon him receiving an honorable discharge after one year, 
nine months and 4 days of service.  

2.  The applicant's request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.
  
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	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 partial relief.  
1.  As a result, the Board recommends that all Department of the Army records of the 
individual concerned be corrected by:
	a.  Awarding him the Army Good Conduct Medal for the period 22 December 1965 
to 25 September 1967,
	b.  Amending his DD Form 214 by adding the Army Good Conduct Medal to item 24 
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons 
Awarded or Authorized).

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to the personal appearance.


	  
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):

1.  The following orders and regulatory cites are sufficient to make administrative 
corrections without action by the Board:

*	DA Form 20 (Enlisted Qualification Record)
*	General Orders (GO)Number 5248, published by Headquarters, United States 
Army Vietnam, on 13 October 1967, awarded him the ARCOM
*	Department of the Army General Orders (DAGO) Number 51, published in 1971, 
awarded his unit the Republic of Vietnam (RVN) Civil Actions Honor Medal, First 
Class, for the period 3 November 1966 to 30 April 1968


*	DAGO Number 8, published in 1974, announced award of the RVN Gallantry 
Cross with Palm Unit Citation, to Headquarters, United States Army Vietnam and 
it's subordinate units for the period 20 July 1965 to 28 March 1973
*	Army Regulation 600-8-22 (Military Awards), Appendix B, and paragraph 6-8

2.  Correct the DD Form 214 for the period ending on 25 September 1967 by:

*	deleting the Vietnam Service Medal
*	adding the –

*	Army Commendation Medal
*	Vietnam Service Medal with two bronze service stars
*	RVN Gallantry Cross with Palm Unit Citation
*	RVN Civil Actions Honor Medal First Class 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 (AR) 600-8-22 (Military Awards) prescribes Department of the Army 
policy, criteria, and administrative instructions concerning individual and unit military 
awards.  The Army Good Conduct Medal is awarded to individuals who distinguish 
themselves by their conduct, efficiency, and fidelity.  Although there is no automatic 
entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any 
one of the following periods of continuous enlisted active Federal military service 
qualifies for award:

*	Each 3 years completed on or after 27 August 1940
*	For first award only, upon termination of service on or after 27 June 1950 of less 
than 3 years but more than 1 year

3.  AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 
was awarded to enlisted members with 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.

4.  AR 15-185 (Army Board for Correction of Military Records) states that personal 
appearances before the Army Board for Correction of Military Records are by invitation 
of the Board only, and are not automatically scheduled at the applicant’s request.  
Personal appearances are scheduled only when the Board determines a personal 
appearance hearing is necessary.

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20190002593
	
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