IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220009129 APPLICANT REQUESTS: correction of his DD Form 214, Report of Separation from Active Duty, to add and/or award and add the: * Army Commendation Medal * Certificate of Achievement * Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * Army Commendation Medal Certificate and Citation * Certificate of Appreciation 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's request to add the Army Commendation Medal to his DD Form 214 will be addressed through administrative correction. 3. The applicant states, in effect, he has no blemishes on his record; therefore, he should be awarded the Army Good Conduct Medal. 4. The applicant enlisted in the Regular Army on 24 May 1971. He completed training as a motor transport operator. 5. He served in Okinawa, Japan from 9 December 1971 to 9 June 1973. He was assigned to the 531st Transportation Company, Japan from 15 December 1971 to 7 June 1973. 6. Item 38, Record of Assignments, of his DA Form 20, Enlisted Qualification Record, shows: a. He received "excellent" efficiency ratings throughout his entire period of active military service. b. He received "excellent" conduct ratings with the exception of the period he was assigned to the 531st Transportation Company, Japan, when he received a "good" conduct rating. 7. General Orders Number 390, issued by Headquarters, U.S. Army Japan, on 22 December 1972, awarded him the Army Commendation Medal for service from 24 October 1972 through 11 November 1972 8. On 28 June 1974, he was honorably discharged in the rank/grade of specialist four/ E-4. His DD Form 214 for this period of service shows he completed 2 years, 11 months, and 29 days of active service with 1 year, 8 months, and 1 day of foreign service. 9. His DD Form 214 also shows he was awarded or authorized: * National Defense Service Medal * Marksman Marksmanship Qualification Badge (M-16) * Second Class Badge (Grenade) 10. The applicant provides a Certificate of Appreciation awarded for his service in the Armed Forces of the United States from 30 June 1971 to 28 June 1974. 11. 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. 12. Regulatory guidance provides: a. 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. There must have been no convictions by a court-martial. b. There is no provision to list Certificates of Achievement on the DD Form 214. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served on active duty from 30 June 1971 to 28 June 1974, completing 2 years, 11 months, and 29 days of active service. His DA Form 20 shows he received "excellent" conduct ratings except the period he was assigned to the 531st Transportation Company, Japan, when he received a "good" conduct rating. There is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment. The Board determined he qualifies for award of the Army Good Conduct Medal: b. Commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of achievement or commendation of local design. Although the applicant may have certificates of achievement or commendation, there is no distinguishing device authorized for wear to show the receipt of a certificate of achievement and there is no provision to list such certificates on the DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X 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 partial 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 30 June 1971 through 28 June 1974, * adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a certificate of achievement to the 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 applicant's DD Form 214 to add the following awards: * Army Commendation Medal * Meritorious Unit Commendation 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 600-8-22 (Military Awards) provides that commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442, Certificate of Achievement, or a certificate of achievement or commendation of local design. Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or commendation and there is no provision to list such certificates on the DD Form 214. 3. 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. 4. 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 531st Transportation Company was cited for award of the Meritorious Unit Commendation for the period 1 July 1970 to 31 December 1971 by DAGO Number 40, 1972. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009129 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1