IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230001993 APPLICANT REQUESTS: in effect, correction of the former service member’s (FSM) DD Form 214, Armed Forces of the United States-Report of Transfer or Discharge, to show: * Army Commendation Medal with Oak Leaf Cluster * Air Medal with 17 Oak Leaf Clusters APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * Death Certificate * Marriage Certificate * General Orders (GO) Number 909, 26 January 1969, with Air Medal Certificate and Citations * GO Number 5447, 9 May 1969 * GO Number 4567, 16 April 1969 with Army Commendation Medal Certificate * DD Form 214, 22 May 1967 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 FSM’s record contains general orders awarding him the Air Medal with 17 Oak Leaf Clusters and Army Commendation Medal (1st Oak Leaf Cluster). These awards will be addressed through administrative correction and therefore not considered by the board. The Board will address the Army Good Conduct Medal as a related award. 3. A review of the available record shows the FSM enlisted in the Regular Army on 23 May 1967. He held military occupational specialty 67N, Helicopter Repairer. 4. The FSM’s DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam (RVN) from 6 September 1968 to 19July 1969. He was assigned to Troop D, 3rd Squadron, 5th Calvary Regiment, 9th Infantry Division from 15 September 1968 to 11 July 1969. 5. His DA Form 20 also shows, except for an unknown conduct and efficiency ratings on 17 November 1967, the FSM received excellent conduct and efficiency ratings throughout his service. 6. Headquarters, 9th Infantry Division, published the following General or Special Orders (GO/SO) awarding the FSM: * GO Number 909, 26 January 1969, Air Medal (1st through 5th Oak Leaf Cluster), 26 October to 30 December 1968 * GO Number 4567, 16 April 1969, Army Commendation Medal (1st Oak Leaf Cluster) 5 September to 28 September 1969 * GO Number 5447, 9 May 1969, Air Medal (6th Oak Leaf Cluster through 17th Oak Leaf Cluster) * SO Number 186, 5 July 1969, Aircraft Crewmember Badge (Permanent Award) 7. The FSM was honorably released from active duty on 22 May 1970, after completing 3 years, and 6 days of total active service. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal with “V” Device * Air Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Sharpshooter Marksmanship Qualification Badge 8. There are no derogatory information in the FSM’s service record. Likewise, there are no orders awarding him the Army Good Conduct Medal (1st Award). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the FSM met the criteria for the Army Good Conduct Medal. The Board determined he should be awarded the medal and it should be added to his DD Form 214. 3. The Board concurred with the corrections described in Administrative Note(s) below. 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 by: * Awarding him the Army Good Conduct Medal (1st Award) for the period 23 May 1967 through 22 May 1970 * Adding the Army Good Conduct Medal (1st Award) to his DD Form 214 * Making the corrections described in Administrative Note(s) below 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): Correct the FSM’s DD Form 214 by adding the following: * Air Medal (18th award) * Army Commendation Medal (2nd award) * Aircraft Crewman Badge * Presidential Unit Citation * Four bronze service stars with the Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 600-8-22 (Military Awards) provides that 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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The applicant’s service coincides with the following three campaign periods: * Vietnam Counteroffensive, Phase V, 1 July 1968 – 1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968 – 22 February 1969 * Tet 69/Counteroffensive, 23 February - 8 June 1969 * Vietnam Summer - Fall 1969, 9 June - 31 October 1969 3. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists the awards received by units serving in Vietnam. The pamphlet shows 3rd Squadron, 5th Cavalry was cited in: a. Department of the Army General Orders (DAGO) Number 9, dated 1979, amended DAGO 16, 1972 for award of the Presidential Unit Citation for the period 10 May 1969 to 21 May 1969. b. DAGO Number 8, 1974 for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973. 2. Army Regulation 672-5-1 (Awards), 3 May 1961, stated the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. The Army Good Conduct Medak 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001933 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1