IN THE CASE OF: BOARD DATE: 10 August 2020 DOCKET NUMBER: AR20190015211 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the: * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 24 August 1970 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’s request for awards are promulgated by Special Orders and by virtue of time in country and will be administratively added/corrected on the applicant's DD Form 214 (see Administrative Note(s) below). The record of proceedings is being written for the Board to consider award of the Army Good Conduct Medal, which requires the issuance of orders. 3. The applicant states the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation were omitted, which was most likely and oversight. 4. A review of the applicant's official records shows the following: a. On 22 November 1968, the applicant enlisted in the Regular Army in military occupational specialty 11B (Light Weapons Infantryman). b. The applicant served in Vietnam from on or about 10 May 1969 to on or about 9 April 1970 with A Company, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division. c. On 24 August 1970, the applicant was honorably released from active duty. He completed 1 year, 9 months, and 3 days of net service. He was awarded or authorized: * National Defense Medal * Bronze Star Medal * Air Medal * Vietnam Campaign Medal with 1960 Device * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar d. A DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows the applicant had all "excellent" conduct and efficiency ratings and the record shows no evidence of misconduct. His records are void of any orders awarding him the Army Good Conduct Medal. 5. See applicable references below. BOARD DISCUSSION: The Board concurred with the corrections described in Administrative Note(s) below, and found the applicant also met the criteria for award of the Army Good Conduct Medal (1st Award). The Board determined the applicant should be awarded the Army Good Conduct Medal (1st Award) and this award should be added to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 22 November 1968 to 24 August 1970 * Adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the awards addressed in Administrative Note(s) 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 NOTES: 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1970, by adding the following awards: * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Vietnam Service Medal with three Bronze Service Stars 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. a. DA Form 20, item 41 (Awards and Decorations) shows the applicant was awarded the Combat Infantryman Badge as confirmed by Special Orders Number 210, issued by Headquarters, 1st Cavalry Division. b. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by DAGO Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class as confirmed by DAGO Number 42, dated 1972 c. Army Regulation (AR) 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his period of service in Vietnam, campaign participation credit was awarded for the following three campaigns. * Tet 69 Counteroffensive 23 February – 8 June 1969 * Vietnam Summer-Fall 1969, 9 June – 31 October 1969 * Vietnam Winter-Spring, 1 November 1969 – 30 April 1970 3. Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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 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. 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) AR20190015211 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1