IN THE CASE OF: BOARD DATE: 18 September 2020 DOCKET NUMBER: AR20200000747 APPLICANT REQUESTS: in effect, award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * National Guard Bureau Form 22 (Report of Separation and Record of Service) * Letter, Waupaca County Veterans Service Office, dated 30 October 2019 REFERENCES: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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, 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. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 2 years, 7 months, and 8 days in the U.S. Army. During that period, he served in Vietnam for 1 year, 9 months, and 26 days. He was granted an early release because he had less than 150 days left in service and the Army was giving everyone the option of an early out. b. He served honorably and was never issued any nonjudicial punishment or had any disciplinary infractions. c. After his discharge from the Regular Army, he served an additional 18 years in the Wisconsin Army National Guard and attained the rank/grade of first sergeant/E-8. 3. He enlisted in the Regular Army on 26 October 1966 for a period of 3 years. 4. His records show he served in Vietnam from 14 August 1967 through 29 May 1969. He participated in the following six campaigns during this period: * Counteroffensive Phase III – 1 June 1967 to 29 January 1968 * Tet Counteroffensive – 30 January 1968 to 1 April 1968 * Counteroffensive Phase IV – 2 April 1968 to 30 June 1968 * Counteroffensive Phase V – 1 July 1968 to 1 November 1968 * Counteroffensive Phase VI – 2 November 1968 to 22 February 1969 * Tet 69 Counteroffensive – 23 February 1969 to 8 June 1969 5. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * item 38 (Record of Assignments) – * he was assigned to Headquarters and Headquarters Company, 69th Signal Battalion, from 14 August 1967 through 10 September 1967 * he was assigned to Headquarters and Headquarters Detachment, 44th Signal Battalion, from 11 September 1967 through 29 May 1969 * his conduct and efficiency ratings were exclusively "excellent" * item 39 (Campaigns) – * Vietnam Counteroffensive Phase III * Tet Counteroffensive * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 6. On 3 June 1969, he was honorably released from active duty. He completed 2 years, 7 months, and 8 days of net active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 7. Department of the Army General Orders Number 46, dated 23 July 1969, awarded the 69th Signal Battalion and its assigned and attached units the Meritorious Unit Commendation for the period 1 November 1966 through 31 October 1967. 8. Department of the Army General Orders Number 37, dated 8 July 1970, awarded the 44th Signal Battalion the Meritorious Unit Commendation for the period 15 August 1967 through 31 August 1968. 9. Department of the Army General Orders Number 43, dated 12 August 1970, awarded the 44th Signal Battalion and its assigned units the Meritorious Unit Commendation for the period 1 September 1968 through 31 August 1969. 10. Department of the Army General Orders Number 8, dated 19 March 1974, awarded the U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973. 11. His records are void of orders awarding him the Army Good Conduct Medal. He received "excellent" conduct and efficiency ratings throughout his military service. He completed 2 years, 7 months, and 8 days of active service ending with his release from active duty. He had no court-martial convictions. His records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board determined the applicant met the criteria for award of the Army Good Conduct Medal (1st Award) during his period of active duty service from 26 October 1966 to 3 June 1969. The Board determined this decoration should be awarded to him and added to his DD Form 214. 2. The Board concurred with the corrections described in Administrative Note(s) below. 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 26 October 1966 through 3 June 1969 * Adding to this DD Form 214 for the period ending 3 June 1969 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 NOTE(S): The applicant was awarded or authorized the following awards that are not shown on his DD Form 214: * One silver service star and one bronze service star with his already-awarded Vietnam Service Medal * Meritorious Unit Commendation (3rd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000747 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1