IN THE CASE OF: BOARD DATE: 14 June 2023 DOCKET NUMBER: AR20220011362 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 8 August 1966 to show: * Army Good Conduct Medal * Vietnam Campaign Medal * Senior Parachutist Badge APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 he is requesting review of his records for awards that he should be authorized but never received. He should be authorized an Army Good Conduct Medal (AGCM) and Vietnam Campaign Medal. He should also have enough jumps tor Senior Parachutist Badge. He would like that fixed as a matter of record and for remembrance of his service for his family. 3. Review of the applicant’s service records shows: a. The applicant enlisted in the Regular Army on 23 September 1963. He held military occupational specialty 13A, Field Artillery Basic. b. He also completed the Basic Parachutist Course and was awarded the Parachutist Badge. c. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Overseas Service), Vietnam from 8 July 1965 to 31 July 1966 (1 year and 24 days) * Item 38 (Record of Assignments) his conduct and efficiency ratings ranged between Unsatisfactory, Good, and Excellent * Item, 38, he was assigned to C Battery, 2nd Battalion, 320th Field Artillery in Vietnam d. His service record contains an extensive history of nonjudicial punishment under Article 15 of the Uniform Code of Military Justice on/for: * 23 January 1964, absent without leave from 22 to 23 January 1964 * 15 July 1964, disobeying a lawful order * 10 November 1964, failing to go at the time prescribed to his appointed place of duty * 3 February 1965, failing to go at the time prescribed to his appointed place of duty * 1 March 1965, failing to go at the time prescribed to his appointed place of duty * 1 May 1965, failing to go at the time prescribed to his appointed place of duty e. On 9 October 1965, he was convicted by a summary court-martial of being AWOL on 28 September 1965. The court sentenced him to be reduced to the lowest enlisted grade of E-1 and hard labor without confinement for 30 days. f. He was honorably released from active duty on 8 August 1966. his DD Form 214 shows he completed 2 years, 10 months, and 15 days of active service. He was awarded or authorized: Vietnam Service Medal, National Defense Service Medal, and Parachutist Badge. g. His jump log is not available in his service record. He does not provide a copy of his jump log. 4. By regulation (AR 600-8-22): a. The Senior Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 5. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, and for 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. There must have been no convictions by a court-martial. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The governing regulations provide that award consideration for the AGCM and the Senior Parachutist Badge requires a rating of “excellent” in character and efficiency. The Board noted the applicant had an extensive history of nonjudicial punishment and did not meet the criteria for the awards requested. For that reason, the Board recommended that denying the requested relief was appropriate. 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 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 to show the following awards: * 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal * Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation 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) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 3. 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 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. Army Regulation 600-8-22 (Military Awards) states award of the Senior Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months. 5. Department of the Army General Orders Number 8, dated 1974, announced 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. 6. DA Pamphlet 672-3 Unit Citation and Campaign Participation Credit Register, shows during the applicant’s assignment from 8 July 1965 to 31 July 1966 with the 2nd Battalion, 320th Artillery, his unit was cited for the following unit awards: * Presidential Unit Citation—2–20 June 1966, DA General Orders Number 59, dated 1968 * Valorous Unit Award—17 January to 25 March 1966, DA General Orders 1, dated 1969 amended DA General Orders Number 17, dated 1968 * Meritorious Unit Commendation—29 July 1965–1 October 1966, DA General Orders Number 1, dated 1969 amended DA General Orders Number 17, dated 1968 7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. Approved campaigns include: * Vietnam Defense Campaign, 8 March - 24 December 1965 * Vietnam Counteroffensive, 25 December 1965 - 30 June 1966 * Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011362 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1