IN THE CASE OF: BOARD DATE: 17 November 2022 DOCKET NUMBER: AR20220004465 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 Commendation Medal (Second Award). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 19 January 2022 * Headquarters (HQ), U.S. Army Support Command, Saigon, General Orders Number 520, 21 May 1969 * DA Form 4980-14 (Army Commendations Medal Certificate), 2 June 1969 * ARCOM citation * HQ, U.S. Army Armor Center and Fort Knox, Fort Knox, General Orders Number 253, 8 October 1970 * DA Form 4980-14, 2 October 1970 * ARCOM citation * DD Form 214, 19 November 1970 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 effect, he would like his two ARCOM awards added to his DD Form 214 to properly account for them. 3. The applicant provides: a. Orders issued by U.S. Army Support Command Saigon, awarding him his first ARCOM on 21 May 1969 for meritorious service in Vietnam from June 1968 to June 1969. b. A DA Form 4980-14, ARCOM Certificate with an ARCOM citation, 2 June 1969. c. Orders issued by U.S. Army Armor Center Fort Knox, awarding him his second ARCOM on 8 October 1970 for meritorious service from 14 April 1969 to 29 August 1970. 4. The applicant's records contain sufficient evidence to support awards not annotated on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – award of the: * Army Commendation Medal (First Oak Leaf Cluster) * One silver service star to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. As a separate issue, the Board will consider his authorization for the award of the Army Good Conduct Medal (AGCM) (First Award) for the period 20 November 1967 to 19 November 1970. 6. A review of the applicant's service records shows: a. On 20 November 1967, he was inducted into the Army of the United States. b. He completed Basic Combat Training, he completed Advanced Individual Training, and he was awarded military occupational specialty 67N (Rotor Helicopter Mechanic). He was subsequently assigned pay specialist duty. c. He served in Vietnam from 20 June 1968 to 19 June 1969, he participated in five campaigns, and he was assigned to Headquarters and Headquarters Company, 3rd Squadron, 7th Aviation Battalion. d. General Orders Number 520, issued by HQ, U.S. Army Support Command, Saigon, awarded him the ARCOM (First Award) for meritorious service in the Republic of Vietnam for the period June 1968 to June 1969. e. General Orders Number 253, issued by HQ, U.S. Army Armor and Fort Knox, Fort Knox, awarded him the ARCOM (Second Award) for meritorious service for the period 15 July 1969 to 9 November 1970. f. His DA Form 20 (Enlisted Qualification Record) shows: * no reductions * no time lost under Section 972, Title 10, United States Code and subsequent to normal date expiration term of service * he received all "excellent" conduct and efficiency ratings during his service on active duty g. On 19 November 1970, he was honorably released from active duty and transferred to control of the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: (1) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) (2) Item 26 (Non-pay Periods Time Lost (Preceding 2 years)) – None. h. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 20 November 1967 to 19 November 1970. i. His records are void of orders awarding him the AGCM (First Award). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon the information reflected within the applicant’s record and the information reflected within administrative notes below, the Board concluded there was additional awards that should be added to the applicant’s DD Form 214. 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, in addition to those awards noted in administrative notes below, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * Army Commendation Medal (First Oak Leaf Cluster) * One silver service star to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 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. 3. Army Regulation 600-8-22 (Military Awards), now in effect, prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to 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. 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. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the 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; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the Army Good Conduct Medal as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. b. The Army Commendation Medal is awarded to any service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. A bronze or silver twig of four oak leaves with three acorns on the stem, 13/32 inch long for the suspension ribbon, and 5/16 inch long for the service ribbon bar and the unit award emblem is issued to denote award of second and succeeding awards of decorations. c. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or was under orders in the combat zone and served at a normal post of duty. One silver service star is worn to denote five bronze service stars. 4. Department of the Army General Orders Number 8, 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 5.. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents that would be furnished each individual who is separated from the Army. It established standardized procedures for the preparation and distribution of these documents. All available records would be used as a basis for the preparation of the DD Form 214, including DA Form 20, and orders. In item 24, enter from DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004465 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1