ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 August 2022 DOCKET NUMBER: AR20220001206 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) for the period ending 16 August 1968 to show he was authorized the Army Good Conduct Medal (AGCM). APPLICANT'S SUPPORTING DOCUMENTS 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 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, he is authorized the award of the AGCM since he completed more than 1 year of service, but less than 3 three years. He was unaware, at that time, that he was eligible for the award. 3. The applicant provides a copy of his DD Form 214. 4. A review of the applicant’s service record shows: a. On 24 October 1966, he was inducted into the Army of the United States. b. DA Form 20 (Enlisted Qualification Record) shows he received all “excellent” ratings for conduct and efficiency for his period of service. In addition, this document shows he served in the U.S. Army Pacific (USARPAC) – Vietnam from August 67 to July 1968 and was attached to Company B, 20th Engineering Battalion in USARPAC. c. DD Form 214 for the period ending on 16 August 1968, shows he was honorably released from active duty and transferred to the USAR. He completed 1 year, 9 months, and 23 days of net service this period. This document shows he was in one campaign: Counteroffensive Phase III. He was awarded the following awards: * Vietnam Service Medal (VSM) * National Defense Service Medal * Vietnam Campaign Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * This document does not reflect the award of the Army Good Conduct Medal. d. His record does not reflect any orders authorizing the award of the AGCM. In addition, his record does not contain any derogatory information. e. The applicant is authorized additional awarded not listed on his DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the applicant’s record reflecting excellent performance ratings during his entire military service and the regulatory guidance concerning awarding the Good Conduct Medal, the Board concluded there was sufficient evidence to award and add the AGCM 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: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, 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. 2. Prior to closing the case, the Board noted the administrative notes below from the analyst of record and recommended those changes also be completed to more accurately reflect the military service of the applicant. 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 NOTES(S): A review of the applicant’s records shows he is authorized an additional award not listed on his DD Form 214. As a result, amend his DD Form 214 by: a. Deleting the VSM b. Adding the following awards: * VSM with four bronze service stars * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Meritorious Unit Citation (MUC), Department of the Army General Order Number (DAGO) 48, 1969 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 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. 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulatory guidance for the RVN Service Medal, states that a bronze service star is authorized with this award for each Vietnam campaign. 4. Department of the Army Pamphlet 672-3 shows his unit of assignment during his service in Vietnam was awarded the MUC – 1 March 1967 – 31 May 1968, DAGO 48, 1969. In addition, this document reflects the campaign participation credits he was awarded for the following campaign: * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 * TET Counteroffensive, 30 January 1968—1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 5. 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 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. 6. Army Regulation 635-5 (Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated that item 22f would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where the foreign service was performed, e.g., USAREUR (U.S. Army Europe) or USARPAC. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001206 1 1