IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220010260 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Photograph * U.S. Passport * U.S. Department of Veterans Affairs Identification Card 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 enlisted in the Regular Army on 8 August 1969. He completed training and he was awarded military occupational specialty 67U (Helicopter Repairman). 3. Evidence shows the applicant served in the Republic of Vietnam from 9 April 1970 to 29 January 1972. 4. The applicant's record does not contain a DA Form 20 (Enlisted Qualification Record). There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; 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. 5. On 31 January 1972, the applicant was honorably released from active duty in the rank/grade of specialist five/E-5. His last duty assignment in Vietnam was with Headquarters, 147th Assault Support Helicopter Company (ASHC). The applicant's DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Distinguished Flying Cross * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Air Medal * Meritorious Unit Citation 6. On 7 May 2010, his DD Form 214 was corrected by DD Form 215 by adding the Army Commendation Medal (2nd Award). 7. The applicant provides a photograph of an Army Good Conduct Medal. His name is engraved on the device. 8. Regulatory guidance in effect at the time, stated the Army Good Conduct Medal, for the first award only, could be awarded upon termination of service on or after 27 June 1950 of less than three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions by court-martial. 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: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was/was not 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 regulation. The Board determined applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) 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 8 August 1969 to 31 January 1972 and adding the medal to his DD Form 214 for the period ending 31 January 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 31 January 1972. As a result, amend his DD Form 214 by adding the following administrative corrections: a. delete the Vietnam Service Medal with 2 bronze service stars; and b. add to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the Vietnam Service Medal with 1 silver service star. 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 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 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, one 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 three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions by court-martial. 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) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns: * Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971) * Consolidation I (1 July 1971 - 30 November 1971) * Consolidation II (1 December 1971 - 29 March 1972) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010260 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1