ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 July 2023 DOCKET NUMBER: AR20220012052 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) for the period ending 15 July 1968 to show all awards he was entitled to during his military service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending on 9 June 1964 * Army Commendation Medal (ARCOM) with “V” Device, dated 23 March 1966 * Bronze Star Medal (BSM) Certificate, dated 12 November 1966 * ARCOM with “V” Device Certificate, dated 16 May 1968 * DD Form 214 for the period ending on 15 July 1968 * BSM with “V” Device Certificate, dated 22 July 1968 * Commission Certificate for the Minnesota Army National Guard (MNARNG), dated May 1973 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, in effect, he would like to have all of his awards during his period of active duty be service be reflected on his DD Form 214. 3. The applicant provides and his record shows that he was authorized the ARCOM with “V” Device (1 Oak Leaf Cluster (OLC)) and the BSM with “V” Device (1 OLC). Therefore, these issues will no longer be discussed in these proceedings and will be administratively corrected through a DD Form 215 (Correction to DD Form 214). 4. A review of the applicant’s service record shows: a. On 17 January 1961, he enlisted in the Regular Army and was honorably transferred to the U.S. Army Reserve Control Group (Reinforcements) on 9 January 1964. His DD Form 214 for this period does not reflect he was awarded an AGCM. b. On 21 July 1965, he was inducted into the Army of the United States and was honorably discharged on 15 July 1968. He completed 2 years, 11 months, and 24 days of net active service this period, with 4 years, 6 months and 5 days of prior active duty service. This document shows he was awarded the following awards: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Campaign Medal * Vietnam Service Medal (VSM) * BSM * ARCOM * Safe Driver’s Badge c. His DA Form 20 shows he received all “excellent” or “blank” ratings for conduct and efficiency for his period of service and that he served on active duty from January 1961 to January 1964. In addition, this document also shows he served in the Republic of Vietnam from 1 October 1965 through 7 October 1966 and 6 December 1967 through 15 July 1968. d. His record does not reflect any orders authorizing the award of the AGCM or any documentation to show he was recommended for the award for either periods of active duty service, and his record does not contain any derogatory or adverse information during his periods of service. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. Based on the documentation available for review, the Board found that as he received "excellent" conduct and efficiency ratings throughout his service and, in the absence of any derogatory or adverse information that would otherwise make him ineligible, the Board agreed his record should be corrected show the 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: 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 DD214 for the period ending 15 July 1968 to show the award of 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): Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending on 15 July 1968 by: a. Deleting the following awards: * BSM * VSM * ARCOM b. Adding the following awards: * BSM with “V” Device (1OLC) * ARCOM with “V” Device (1OLC) * VSM with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation c. Adding to item 30 (Remarks): “SERVICE IN VIETNAM 1 OCT 65 – 7 OCT 68, 6 DEC 67 – 14 JUL 68”. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), provides the guidance pertaining to the construction of separation documents provided to Soldiers upon retirement, discharge, or release from active duty. It further standardizes the policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 3. Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM 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. 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit of assignment during his service in Vietnam was cited by Department of the Army General Order (DAGO) Number 8, dated 1974, awarded the RVN 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220012052 1 1