IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210016221 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 27 September 1968 to reflect the following awards: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Photographs of Uniform and Medals * DA Form 348 (Equipment Operators Qualification Record) * Meal Card, Ration Card, and Non-Commissioned Officer's Club Card * DD Form 214, ending on 27 September 1968 * Veterans Affairs (VA) Disability Benefits Rating, dated 27 June 2018 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 he would like to be recognized with the Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Army Good Conduct Medal for his service in Vietnam totaling 11 months and 26 days. 3. The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service) shows he served in Vietnam from 20 October 1967 to on or about 1 October 1968. The Vietnam Service Medal and Republic of Vietnam Campaign Medal with 1960 Device will be administratively corrected. The Board will consider the applicant's request for the Army Good Conduct Medal. 4. A review of the applicant's record reflects: a. On 7 February 1966, the applicant enlisted in the Regular Army. b. On 4 May 1968, the applicant accepted non-judicial punishment under the provisions of Article 15, Uniform Code of Military Justice for sleeping on his post. His punishment was extra duty and forfeiture of pay. c. DA Form 20 reflects: (1) Item 38 (Record of Assignments) shows the applicant received all "excellent" for conduct and efficiency. (2) Item 41 (Awards and Decorations) shows: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Valorous Unit Award * Marksman Marksmanship Qualification Badge with Rifle (M-16) d. On 27 September 1968, the applicant was honorably released from active duty. He completed 2 years, 7 months, and 13 days of net service. DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal 5. The Applicant provides: a. Personal photographs of the applicant's dress uniform at the time of separation and medals reflecting Vietnam service medals issued. b. DA Form 348 showing the equipment the applicant was authorized to operate. c. Meal card, ration card, and Non-Commissioned Officers Club card reflecting his access to facilities and rations while assigned to the Republic of Vietnam. d. VA Disability Rating, dated 27 June 2018, reflecting service-connected medical disabilities related to his service, specifically while deployed to Vietnam. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence to grant award of the Army Good Conduct Medal (1st award), his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 7 February 1966 to 27 September 1968. Based on this the Board determined relief was warranted and granted relief for correction of the applicant’s record to award of 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 more accurately depict the military service of the applicant. 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 7 February 1966 to 27 September 1968 and adding the medal to his DD Form 214 for the period ending 27 September 1968. 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. ADMINSTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending 27 September 1968 by adding the following: * Vietnam Service Medal with four bronze Service Star * Republic of Vietnam Campaign Medal with 1960 Device * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle (M-16) 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * AR 672-5-1 (Military Awards) 3. Please correct the applicant's DD Form 214 by adding the awards shown in paragraph 1 above. Provide the applicant a copy of the corrections, and as applicable the medal. Please ensure that the corrections are recorded 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 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years 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 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016221 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1