IN THE CASE OF: BOARD DATE: 12 October 2022 DOCKET NUMBER: AR20220005563 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Bronze Star Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 Board will not consider awards of the Bronze Star Medal and Vietnam Service Medal with associated (2) bronze service stars as these items will be addressed through an administrative correction. 3. The applicant was inducted into the Army of the United States on 19 May 1970. He held military occupational specialty 96B (Intelligence Analyst). 4. He served in Vietnam from 10 November 1970 to 29 November 1971. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to: * 8th Psychological Operations Battalion from 21 November 1970 to 23 June 1971 * 7th Psychological Operations Battalion from 24 June to 26 November 1971. 5. General Orders Number 30, issued by Headquarters, U.S. Army Support Command on 11 January 1972, awarded him the Bronze Star Medal for service from November 1970 to December 1971. 6. He was honorably released from active duty on 30 November 1971. The DD Form 214 he was issued shows he completed 1 year, 6 months, and 12 days of active service, of which 1 year and 20 days was foreign service. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal (known as the Republic of Vietnam Campaign Medal with Device (1960)) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * 1 overseas service bar 7. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. 8. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal (1st Award), 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. 9. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that 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 regulations. Upon review of the applicant’s petition and available military records the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 19 May 1970 to 30 November 1971. 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. 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: 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 relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 19 May 1970 to 30 November 1971 and adding the medal to his DD Form 214 for the period ending 30 November 1971. 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): Make the following administrative corrections to the item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending on 30 November 1971 without action by the Board: * Delete the Vietnam Campaign Medal and the Vietnam Service Medal * add the following awards: * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Bronze Star Medal 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. 3. Department of the Army Pamphlet 672-3 Unit Citation and Campaign Participation Credit Register) states: a. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. b. DA General Orders Number 6, dated 1974, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation (7th PSYOP BN) c. DA General Orders Number 6, dated 1974, awarded him the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation (8th PSYOP BN) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005563 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1