ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190006833 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in the Republic of Vietnam from February 1967 to February 1968. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * General Orders Number 819 * General Orders Number 575 * 3 Army Commendation Medal Certificates * 2 Citations * Newspaper article * Republic of Vietnam Gallantry Cross with Silver Star (not translated) 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 applicant's request for foreign Service Credit in Vietnam, as this will be addressed through an administrative correction. However, a review of the applicant's record revealed he might be entitled to additional awards, which require a Board decision. 2. The applicant was inducted into the Army of the United States on 14 September 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 27 February to 21 February 1968. 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. The applicant was honorably released from active duty on 13 September 1968. Item 22c (Foreign and/or Sea Service) of the DD Form 214 he was issued does not reflect any foreign service, award of the Army Good Conduct Medal, the Army Commendation Medal (2nd Oak Leaf Cluster) or the Republic of Vietnam Gallantry Cross with Silver Star. 6. The applicant provides a citation and certificate for award of the Army Commendation Medal (2nd oak leaf cluster) for outstanding achievement on 31 December 1967. However, a review of the Awards and Decorations Computer- Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal (2nd oak leaf cluster) pertaining to the applicant. 7. The applicant provides orders awarding the Republic of Vietnam Gallantry Cross with Silver Star (not translated). His record is void of evidence he received approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross with Silver Star by the Commanding General of United States Army Vietnam. 8. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 9. Army Regulation 600-8-22 (Military Awards) states with all personal decorations, to include the Army Commendation Medal (2nd oak leaf cluster), formal recommendations, approval through the chain of command, and announcement in orders are required. 10. United States Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated, approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross with Silver Star required approval by the Commanding General of United States Army Vietnam. 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; for the 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. // NOTHING FOLLOWS // BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, to include service in Vietnam, the awards and decorations in his records, the entries on his DA Form 20 and the reason for his separation. The Board found evidence of additional awards, not recorded in his records, to include one award (ARCOM) that post-dated his service. The Board considered the applicant’s conduct and efficiency ratings and found no disqualifying statement that would preclude awarding him an Army Good Conduct Medal. Based on a preponderance of evidence, the Board determined that corrections to the applicant’s DD form 214 were required. The Board concurs with the corrections stated in the Administrative Note(s) below. 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: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Awarding the Army Good Conduct Medal, and; - Amending the DD Form 214 for the period ending 13 September 1968, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add – “AGCM, and ARCOM (2OLC).” 7/29/2020 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): Make the following administrative corrections to the applicant's DD Form 214 for the period ending on 13 September 1968 without action by the Board: a. delete the Vietnam Service Medal and Army Commendation Medal with "V" Device from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and add the following awards: * Army Commendation Medal with "V" Device (1st oak leaf cluster) * Vietnam Service Medal with 3 bronze service stars * Presidential Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm) b. add to item 22c (Foreign and/or Sea Service) the entry, "USARPC 1 0 0." c. add to item 30 (Remarks) the entry, "Vietnam-27 Feb 67 through 20 Feb 68, Indochina-yes, Korea-no." 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. 3. Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 4. United States Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration. This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam. 5. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.