IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220008815 APPLICANT REQUESTS, in effect: * her father, a former service member (FSM), be awarded the Army Good Conduct Medal (AGCM) * video/telephonic appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * Spouse's Statement * Daughter's Birth Certificate * Incident Report with Supplemental Narratives * DD Form 214, Armed Forces of the United States-Report of Transfer or Discharge 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, in effect, the FSM, her father suffered significantly from post- traumatic stress disorder after returning from the Republic of Vietnam (RVN). The FSM's spouse further stated that he was not able to adjust to military life. He had a long- term resistance to physicians and never got treatment. 3. A review of the FSM's record shows he met the criteria for additional awards, which will be addressed through an administrative correction without action by the Board. 4. The FSM enlisted in the Regular Army on 7 May 1965. He completed training as a machinist. His DA Form 20 (Enlisted Qualification Records) shows: * He served in Vietnam from 26 July 1966 to 31 April 1967. He was assigned to the 102nd Engineer Company (Combat Support) from 4 August 1966 to 26 April 1967 * Item 38, (Record of Assignments, of his DA Form 20, Enlisted Qualification Record, shows he received "excellent" and "unknown" conduct and efficiency ratings throughout his entire period of active military service * Special Orders 154, dated 11 June 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. On 29 April 1967, he was honorably discharged in the temporary rank/grade of specialist four/E-4. His DD Form 214 for this period of service shows he completed 1 year, 11 months, and 23 days of active service. 6. His DD Form 214 also shows he was awarded or authorized: National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal. 7. The applicant provides a police incident report which shows, in effect, the FSM was homeless at the time of his death and identified by a photograph. The applicant indicated that DNA results were pending. 8. There is no evidence in the available records that shows he 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. 9. By regulation the AGCM 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. There must have been no convictions by a court-martial.. 10. AR 15-185 (ABCMR) states the ABCMR will decide cases on the evidence of record it not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the Board may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the FSM’s military record, and regulatory guidance were carefully considered. The evidence of record shows the FSM served on active duty from 7 May 1965 to 29 April 1967, completing 1 year, 11 months, and 23 days of active service. His DA Form 20 shows he received "excellent" and "unknown" conduct and efficiency ratings throughout his entire period of active military service. There is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15. The Board determined he qualifies for 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 the Army records of the individual concerned be corrected, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 7 May 1965 through 29 April 1967 * adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 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): administratively correct the FSM's DD Form 214, ending 29 April 1967, to add the following awards - * Meritorious Unit Commendation * RVN Gallantry Cross with Palm Unit Citation * bronze service star for wear on his previously issued VSM * Sharpshooter Marksmanship Qualification Badge (M14) 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 Army Board for Correction of Military Records (ABMCR) 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 (AR) 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) lists the awards received by units serving in Vietnam. This pamphlet shows the 102d Engineer Company, was cited for award of: a. The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by Department of the Army General Order (DAGO) Number 8, dated 1974. b. The Meritorious Unit Commendation for the period 7 February 1966 to 31 October 1967 by DAGO Number 48, 1968. 4. Army Regulation 600-8-22 (Military Awards) provides that bronze service stars will be affixed to service medals, to include the Vietnam Service Medal, for each campaign a Soldier participated. The applicant participated in 3 campaigns during his service in Vietnam. 5. AR 15-185, Army Board for Correction of Military Records, prescribes the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008815 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1