ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 August 2020 DOCKET NUMBER: AR20190014598 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal (1st Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 20 September 2019 * DD Form 214 * DD Form 215 (Correction to 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 (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 states: a. He served during the Vietnam War and he was never in trouble. b. He thought he had to serve 3 years to be eligible for award of the Army Good Conduct Medal. c. Executive Order 8809 and 1044 states that during the time of war, one could receive the Army Good Conduct Medal. 3. On 13 January 1969, the applicant enlisted in the Regular Army. 4. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 9 (Qualification in Arms) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) b. item 31 (Foreign Service) – * service in the United States Army Pacific Command, Vietnam, from 19 June 1969 to 17 June 1970; and * service in United States Army Europe, Germany, from 12 August 1970 to 2 January 1972 c. item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings, and d. item 41 (Awards, Decorations and Campaigns) – * National Defense Service Medal * Badge with Bar * Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * one overseas service bar * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 5. On 5 January 1972, he was honorably released from active duty. His DD Form 214 for this period shows he completed 2 years, 11 months and 23 days of net service and he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. On 18 May 2009, he was issued a DD Form 215, which shows no evidence he was awarded the Army Good Conduct Medal (1st Award). 7. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period from 13 January 1969 to 5 January 1972. BOARD DISCUSSION: After reviewing the Record of Proceedings and all supporting documents, the Board determined that evidence supports awarding of the Army Good Conduct Medal to the applicant based upon him receiving excellent conduct and efficiency ratings on his DA Form 20 (Enlisted Qualification Record) and completing a full combat tour in Vietnam. 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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Army 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. 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, 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 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// ABCMR Record of Proceedings (cont) AR20190014598 3 1