ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  3 October 2019

	DOCKET NUMBER:  AR20190008161


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show the Army Commendation 
Medal (ARCOM).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	ARCOM orders and citation

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 (ABCMR) 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 provided General Orders Number 378, dated 16 December 1969, 
issued by Headquarters, U.S. Army Support Command Cam Ranh Bay, awarding 
him the ARCOM for meritorious service during the period November 1968 to 
November 1969.  Based on this fact, there is sufficient evidence to correct his 
DD Form 214 by adding the ARCOM.  As a result, the ARCOM will not be discussed 
further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 5 December 
1967.  

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 
38 (Record of Assignments) he received all "excellent" conduct and efficiency 
ratings during his active duty service.

5.  The applicant's DA Form 137 (Installation Clearance Record), dated 
12 November 1969, also shows his conduct and efficiency ratings as "excellent."

6.  The applicant's record is void of any unfavorable information or a unit 
commander's disqualification statement that would have precluded him from being 
awarded the Army Good Conduct Medal (AGCM).  However, his record is void of 
orders awarding him the AGCM.

7.  The applicant was honorably released from active duty on 21 November 1969, in 
the rank/grade of specialist five/E-5, after completing 1 year, 11 months, and 
17 days of active service.  His DD Form 214 does not show the AGCM.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board concurred 
with the relief described in the administrative notes below and agreed that the 
evidence supports awarding the applicant the AGCM.  


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, 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 5 December 1967 to 
21 November 1969 and by adding this award to his DD Form 214 in addition to the 
corrections specified in the administrative notes below. 
	  
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 applicant provided General Orders Number 378, dated 16 December 1969, 
awarding him the Army Commendation Medal for meritorious service during the 
period November 1968 to November 1969.

2.  The applicant was awarded the Vietnam Service Medal.  Based on his dates of 
service in Vietnam (20 November 1969 – 19 November 1969), he is authorized four 
bronze service stars to be affixed to his Vietnam Service Medal for the following 
campaigns:

*	Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 
1969) 
*	Tet 69/Counteroffensive (23 February - 8 June 1969) 
*	Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
*	Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

3.  Department of the Army General Orders Number 8, dated 1974, announced   
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units 
that served in Vietnam.  

4.  Based on the foregoing, the applicant's DD Form 214 should be corrected by 
deleting the Vietnam Service Medal and adding the:

*	Army Commendation Medal
*	Vietnam Service Medal with four bronze service stars 
*	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 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, states the 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.  
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190008161

2

1