IN THE CASE OF: BOARD DATE: 22 July 2022 DOCKET NUMBER: AR20210016286 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), ending on 10 June 1966, to reflect award of: * Vietnam Campaign Medal * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal (w/ bronze service stars) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 10 June 1966 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 in pertinent part that his DD Form 214 is incorrect as it does not accurately reflect all authorized service medals and awards. While serving in the military, he served with B Company, 299th Aviation Battalion, 1st Cavalry Division and they received several awards and decorations that he should be authorized. 3. A review of the applicant's available service records reflects the following: a. On 16 July 1964, the applicant was inducted into the Army of the United States to serve as a 45J (Aircraft Armament Repairman). b. Following his completion of the Aircraft Armament Repairman course, the applicant was reassigned to the Republic of Vietnam to serve with B Company, 299th Aviation Battalion, 1st Cavalry Division as an Aircraft Armorer on or about 15 August 1965. c. On or about 8 July 1966, the applicant departed the Republic of Vietnam enroute to the U.S. d. On 10 July 1966, the applicant was honorably discharged from active duty. DD Form 214, item 24c. (Foreign Service) reflects 9 months and 25 days. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects: * National Defense Service Medal * Overseas Service Bar * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), 4. There is no evidence that the applicant received the first award of the Army Good Conduct Medal. There is also no evidence that the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not reflect any disciplinary actions or lost time. Further, his records do not contain any adverse information. DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) shows he had all "excellent" for conduct and efficiency. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant received excellent ratings for his conduct and efficiency. The Board determined the applicant should be awarded the Army Good Conduct Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to depict the military service of the applicant more accurately. 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 exemplary service from 16 July 1964 to 10 July 1966 and placing the medal on his DD Form 214 for the period ending 10 July 1966. X 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. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), for the period ending June 10, 1966 by adding/deleting the following awards: a. Deleting: Vietnam Service Medal. b. Adding: * Vietnam Service Medal (w/ 3 bronze service stars) * Republic of Vietnam Campaign Medal (w/ "1960" Device) * Republic of Vietnam Gallantry Cross (w/ Palm Unit Citation) * Presidential Unit Citation * Meritorious Unit Citation 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * Department of the Army General Order (DAGO) Number 40 * DAGO 17 * DAGO 59 * Army Regulation 600-8-22 (Military Awards) 3. Correct the applicant's DD Form 214 to add/delete the awards shown in paragraph 1a and b 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 (AR) 600-8-22 (Military Awards) provides that the Army Good Conduct Medal was established by Executive Order (EO) 8809, 28 June 1941 and was amended by EO 9323, 1943 and by EO 10444, 10 April 1953. It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service, as outlined in this chapter. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in Permanent Orders. a. Unit commanders are authorized to award the Army Good Conduct Medal to enlisted personnel serving under their command jurisdiction who meet the established criteria. b. After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. c. The immediate unit commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge of, and the individual's official records for periods of service under previous commanders during the period for which the award is to be made. The lack of official disqualifying comment by previous commanders does not disqualify use of the award period by the current commander for awarding the Army Good Conduct Medal. d. In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, military occupational specialty, and experience. e. Disqualification for an award of the Army Good Conduct Medal can occur at any time during a qualifying period (for example, when manner of performance or efficiency declines). //NOTHING FOLLOWS//