IN THE CASE OF: BOARD DATE: 12 October 2022 DOCKET NUMBER: AR20220005339 APPLICANT REQUESTS: award of the Army Good Conduct Medal (AGCM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Notarized Statement * 2 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 enlisted in the Regular Army (RA) on 25 July 1966. She completed training as an administrative specialist. 3. She served in Vietnam from 10 May 1968 to 17 July 1969. She was assigned to the Woman's Army Corps (WAC) Detachment, Special Troops, United States Army Vietnam. 4. Item 38 (Record of Assignments) of her DA Form 20 (Enlisted Qualification Record) shows she received "excellent" and "unknown" conduct and efficiency ratings throughout her entire period of active military service except for one instance where she received a "good" efficiency rating. * 3 December 1966, Company C, 1st Battalion, U.S. Army Infantry Center, Fort Benning, GA, Unknown conduct * 14 December 1966, Company C, 1st Battalion, U.S. Army Infantry Center, Fort Benning, GA, Unknown conduct, Excellent Conduct and Good Efficiency ratings * 21 March 1968 (Patient, Station Hospital, Fort Benning, Unknown conduct and efficiency ratings 5. On 18 July 1969, she was honorably discharged as an overseas returnee in the temporary rank/grade of specialist five/E-5. Her DD Form 214 for this period of service shows she completed 2 years, 11 months, and 24 days of active service. It also shows she was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal (now known as the Republic of Vietnam Campaign Medal with Device (1960) 6. On 29 August 1969, she enlisted in the RA as a member of the Woman's Army Corps. 7. On 29 March 1972, she was honorably discharged in the rank/grade of Staff Sergeant/E-6. Her DD Form 214 for this period of service shows she completed 2 years and 8 months of active service. It does not show any awards or decorations. 8. On 17 June 2014, she was issued a DD Form 215 (Correction to DD Form 214) that corrected her DD Form 214 ending on 29 March 1972, to show the: * National Defense Service Medal * Vietnam Service Medal with one silver service star * Republic of Vietnam Campaign Medal with Device 1960 * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Commendation Medal 9. The applicant provides a notarized statement from her former commander in Long Binh, Vietnam from October 1968 to July 1969. She states, in effect, she cannot believe the applicant never received an Army Good Conduct Medal. The applicant was an outstanding Soldier, and an administrative oversight must have occurred. She highly recommends her for the award and correction of her records. 10.. There is no evidence in the available records that shows she was awarded the Army Good Conduct Medal; and neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 11. By regulation then (AR 672-5-1), the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. he 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 regulations. Upon review of the applicant’s petition and available military records the Board determined the applicant's service record did not reflect she was awarded the Army Good Conduct Medal (1st award) and her record shows she received "excellent" conduct and efficiency ratings throughout her service for the period of 25 July 1966 to 29 March 1972. Based on this the Board determined relief was warranted and granted relief for correction of the applicant’s record to show award of the Army Good Conduct Medal. 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 Army records of the individual concerned be corrected by awarding her the Army Good Conduct Medal (1st Award) for exemplary service from 25 July 1966 to 29 March 1972 and adding the medal to his DD Form 214 for the period ending 29 March 1972. 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. REFERENCES: 1. Title 10, United States 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005339 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1