IN THE CASE OF: 

		BOARD DATE: 17 May 2023

		DOCKET NUMBER: AR20220010919


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 12 December 1969 to 
show:

*	Award of the Bronze Star Medal (BSM)
*	Vietnam Service Medal (VSM)
*	his correct grade/pay grade

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record), 8 August 2022
*	DD Form 214, 15 January 1966
*	Congressional correspondence, 6 September 1969


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 and VSM were not listed on his original 
DD Form 214, and that his rank is incorrect.

3.  As an additional issue, the Board will consider his service for award of the Army 
Good Conduct Medal (First Award) for the period 22 June 1968 to 12 December 1969. 

4.  The applicant's records contain sufficient evidence to support additional awards not 
shown on his DD Form 214 for the period ending on 12 December 1969, and will be 
listed in administrative notes.

5.  A review of the applicant's service records shows:

	a.  On 26 May 1965, he enlisted in the U.S. Army Reserve (USAR) for a period of 
6 years.

	b.  On 17 August 1965, he was ordered to active duty for training (ACDUTRA).

	c.  On 15 January 1966, he was honorably released from ACDUTRA and transferred 
to control of the USAR of Ohio. His DD Form 214 for this period shows he completed 
4 months and 29 days of net service this period and he was awarded military 
occupational specialty 91A (Medical Corpsman). He was awarded the Marksman 
Marksmanship Qualification Badge with Rifle Bar (M-14).

	d.  Letter Orders A-05-4079416 issued by the Office of the Adjutant General, 
U.S. Army Administration Center, involuntarily mobilized him to active duty for service at 
Schofield Barracks, HI, where he was assigned to Company B (Medic), 29th Support 
Battalion.

	e.  During his assignment, he was deployed to Vietnam from 10 February 1969 to 
22 August 1969, and was assigned to Headquarters and Headquarters (HQ) 
Detachment, 9th Aviation Battalion, 9th Infantry Division.

	f.  General Orders Number 11484 issued by HQ, 9th Infantry Division, dated 
14 August 1969, awarded him the BSM for outstanding achievement in connection with 
military operations against a hostile force in Vietnam for the period 10 July 1969 to 
10 August 1969.

	g.  His DA Form 20 (Enlisted Qualification Record) shows in:

      (1)  Item 33 (Appointment and Reductions) – he had no reductions and he was 
promoted to:

*	Private 2 (P) (Permanent), (date unreadable)
*	Private First Class (P), 5 July 1968
*	Specialist 4 (T) (Temporary), 21 December 1968
*	Specialist 5 (T), 1 March 1969

      (2)  Item 38 (Record of Assignments) – he received all "excellent" conduct and 
efficiency ratings during his active-duty service and while he served in Vietnam.

		(3)  Item 41 (Awards and Decorations) – he was awarded or authorized:

*	National Defense Service Medal (NDSM)
*	VSM
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Army Commendation Medal (ARCOM)

      (5)  item 44 (Time Lost Under Section 972, Title 10, U.S.C., and Subsequent to 
Normal ETS) – none. 

   h.  On 12 December 1969, he was honorably released from active duty by reason of 
completion of active-duty service and returned to control of the USAR Control Group 
(Annual Training). His DD Form 214 shows he completed 1 year, 5 months, and 
21 days net service during this period. It further shows in:

		(1)  Item 5a (Grade, Rate, or Rank) and item 5b – SP5 (P) and E-5.

      (2)  Item 24 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized):

*	NDSM
*	VSM 
*	Republic of Vietnam Campaign Medal with Device (1960)
*	ARCOM
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

(2)  Item 26a (Non-Pay Periods time Lost Preceding Two Years) – none.

6.  His records are void of any disciplinary actions or a commander's disqualification for 
award of the AGCM for the period 22 June 1968 to 12 December 1969.

7.  His records are void of Orders awarding him the AGCM for this period.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that partial 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 regulation.  Upon review of the applicant’s petition and available military records, 
the Board determined the applicant DD Form 214, dated 12 December 1969 accurately 
reflects his rank as SP-5 (P) as requested by the applicant. The Board agreed, there is 
no action required by the Board regarding the applicant’s contentions. However, the 
Board determined the applicant's service record did not reflect he was awarded the 
Army Good Conduct Medal (AGCM) and his record shows he received "excellent" 
conduct and efficiency ratings throughout his service. Based on this the Board granted 
partial relief to award 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

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.	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 partial 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 22 June 
1968 to 12 December 1969 and adding the medal to his DD Form 214 for the period 
ending 12 December 1969 

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief. As a result, the Board recommends denial of so much of 
the application that pertains to correction to the applicant’s grade/pay grade which 
already reflects SP-5(P) on his DD Form 214.


	 

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 service records shows sufficient evidence to administratively 
correct his DD Form 214 without Board action for the period ending 12 December 1969 
to show in:

   a.  Item 24:

*	Bronze Star Medal
*	three bronze services stars to his previously awarded VSM
*	Republic of Vietnam Gallantry Cross Unit Citation with Palm Device

   b.  Item 30 – "Service in Vietnam:  10 February 1969 to 22 August 1969."


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 600-8-22 (Military Awards), now in effect, prescribes Department of 
the Army (DA) policy, criteria, and administrative instructions concerning
individual and unit military awards.

	a.  The AGCM 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 AGCM 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 VSM 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 VSM 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 following campaigns for the Vietnam Conflict were recognized during the 
applicant's service:

*	Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969
*	TET 69 Counteroffensive, 23 February 1969—8 June 1969
*	Vietnam Summer-Fall 1969, 9 June 1969—31 October 1969

3.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the 
Army Good Conduct Medal (AGCM) 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.

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 (Separation Documents), Effective 1 February 1967.
This regulation prescribes the separation documents that will be furnished each 
individual who is separated from the Army including Active Duty Training personnel and 
establishes 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, DA Form 66, and orders.

	a.  In item 1 (Name), enter last name, first name, and spell out the full middle name 
or names, if any.

	b.  In item 5 (Grade, Rate, or Rank), enter grade in which serving at time of 
separation, indicating whether permanent (P) or temporary (T). Example:  "MSG (P)" or 
"MSG (T)"

	c.  In item 24, enter from item 21, DA Form 66 (Officer Qualification Record), or 
section 9, DA Form 20 (Enlisted Qualification Record) all decorations, service medals, 
campaign credits, and badges awarded or authorized, omitting authorities cited therein. 
There is no provision for entering Certificates of Appreciation in item 24 of the 
DD Form 214. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220010919


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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