IN THE CASE OF: 
 
  BOARD DATE: 18 July 2023 
 
  DOCKET NUMBER: AR20230001435 
 
 
APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the Air Medal (AM) and the Combat Infantryman Badge (CIB). 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Air Medal Citation and Certificate 


 
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 Board will consider the Army Good Conduct Medal as a related award. 
 
3.  The applicant was inducted into the Army of the United States on 5 October 1966. 
 
4.  Special Orders 47, issued by Headquarters, 2nd Armored Division, on 16 February 1967, awarded him the 1st Class Gunner Marksmanship Qualification Badge with Machine Gun Bar 
 
5.  The evidence shows he served in the Republic of Vietnam from 1 September 1967 to 1 September 1968. He served with: 
 
• Company B, 1st Battalion, 50th Infantry Regiment, from 1 September 1967 to 15 May 1968 

• Company A, 1st Battalion, 20th Infantry Regiment, from 16 May 1968 to 1 September 1968. 


 
6.  Special Orders Number 303, issued by Headquarters, 1st Cavalry Division on 30 October 1967 awarded him the Combat Infantryman Badge.  
7.  General Orders Number 1800, issued by Headquarters, 173rd Airborne Brigade, awarded him the Air Medal (1 September 1967 to 15 May 1968).   
 
8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. 
 
9.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal (AGCM); 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. 
 
10.  He was honorably released from active duty as an overseas returnee in the temporary rank/grade of specialist four/E-4 on 2 September 1968. His DD Form 214 shows he completed 1 year, 10 months, and 27 days of active service. He was awarded or authorized the: 
 
• National Defense Service Medal 

• Vietnam Campaign Medal 

• Vietnam Service Medal 

• Expert Marksmanship Qualification Badge with Rifle Bar (M14) 

• 2 overseas service bars 


 
11.  The AGCM may 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.   
 
BOARD DISCUSSION: 
 
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 military record, and regulatory guidance were carefully considered. The evidence shows the applicant was awarded both the Air Medal and Combat Infantryman Badge, neither of which is listed on his DD Form 214. Additionally, he completed 1 year, 10 months, and 27 days of active service, from 5 October 1966 to 2 September 1968 and he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. The Board determined he met the criteria for award of the Army Good Conduct Medal (1st Award). 
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
xx: xx: xx: GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
In addition to the corrections addressed in Administrative Note(s) below, 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, i by:   
 
• awarding him the Army Good Conduct Medal (1st Award) for service during the period 5 October 1966 through 2 September 1968 

• adding award of the Combat Infantryman Badge, Air Medal, and Army Good Conduct Medal (1st Award) to his DD Form 214 


 
  7/18/2023

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): The following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 2 September 1968 without action by the Board: 
 
• 1st Class Gunner Marksmanship Qualification Badge with Machine Gun Bar 

• Republic of Vietnam Gallantry Cross with Palm Unit Citation 

• Republic of Vietnam Campaign Medal with Device (1960) 

• Vietnam Service Medal with 4 bronze service stars 


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 AGCM 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 regulatory guidance for awarding the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: 
 
• Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) 

• TET Counteroffensive (30 January 1968 - 1 April 1968) 

• Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) 

• Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968) 


 
4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to the Company A, 1st Battalion, 20th Infantry Regiment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 April 1968 through 6 October 1969 by DAGO Number 51, dated 1971. 
 
//NOTHING FOLLOWS//