IN THE CASE OF: BOARD DATE: 21 November 2022 DOCKET NUMBER: AR20220004525 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), 10 January 2022 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, his BSM was left off his DD Form 214. 3. The applicant provides his application, his statement, and copies of: a. Headquarters (HQ), 101st Airborne Division, General Orders Number 8939, 27 August 1971, awarding him the BSM for meritorious service in the Republic of Vietnam from October 1970 to October 1971. b. His DD Form 214. 4. The applicant's records contain sufficient evidence to support amendments to 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: . Bronze Star Medal . two bronze service stars to his previously-issued Vietnam Service Medal . Republic of Vietnam Gallantry Cross with Palm Unit Citation . Republic of Vietnam Campaign Medal with Device (1960) 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 January 1970 to 8 October 1971. 6. A review of the applicant's service record shows: a. On 20 January 1970, 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 73C (Disbursing Specialist). c. He served in Vietnam from 9 October 1970 to 7 October 1971, he participated in two campaigns, and he was assigned to 101st Administration Company, 101st Airborne Division (Air Mobile). d. 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 e. On 8 October 1971, he was honorably released from active duty and transferred to control of the U.S. Army Reserve Control Group (Annual Training). 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 . Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) (2) Item 26 (Non-pay Periods Time Lost (Preceding 2 years)) – None. f. His records are void of any disciplinary actions or a commander's disqualification for award of the AGCM (First Award) for the period 20 January 1970 to 8 October 1971. g. His records are void of orders awarding him the AGCM (First Award). 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. The Board determined the evidence presented is sufficient to warrant a correction the record not otherwise requested. The Board noted that the applicant served for over a year and received an honorable discharge. As his record is void of derogatory information, the Board agreed that he met the criteria for 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 be 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 the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 8 October 1971 by awarding him 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: . Bronze Star Medal . two bronze service stars to his previously-issued Vietnam Service Medal . Republic of Vietnam Gallantry Cross with Palm Unit Citation . Republic of Vietnam Campaign Medal with Device (1960) 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 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. c. The Republic of Vietnam Campaign Medal with Device (1960) is awarded by the government of the Republic of Vietnam to service members of the U.S. Armed Forces and authorized by Department of Defense Manual 1348.33, Volume 3. To qualify for award personnel must meet one of the following requirements: (1) Have served in the Republic of Vietnam for 6 months. (2) Have served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. Individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows 101st Administration Company, 101st Airborne Division (Air Mobile), was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 6, 1974, for the period 1 March 1971 to 9 October 1971. 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//