IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230006241 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal (VSM) and the Army Good Conduct Medal (AGCM). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214, 14 November 1969 * Letter Orders Number 10-1274274, 24 October 1973 * Honorable Discharge Certificate, 1 November 1973 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, he was drafted to the U.S. Army during the Vietnam War. He would like to be granted the VSM and the AGCM for his time in service from 1967 to 1969. a. Although he did not serve in Vietnam, based on his service dates and having honorably completed his military service during the Vietnam conflict, he believes he should be awarded the VSM. b. He was under the assumption that he would receive the AGCM after his full military obligation had been met. He believes this oversight occurred because his immediate reporting officer was discharged just a couple of days before him and possibly thought that his replacement would award him the medal, or he just forgot. He would like his record to reflect this honor. 3. The applicant’s complete service records are not available for review. However, there is sufficient documents to conduct a fair and impartial review of this case. 4. The applicant provides the following: a. His DD Form 214 for the period ending 14 November 1969. b. Letter Orders Number 10-1274274 dated 24 October 1973, which shows he was honorably discharged from the U.S. Army Standby Reserve, effective 1 November 1973. c. An honorable discharge certificate which shows he was honorably discharged from the U.S. Army on 1 November 1973. 5. A review of the applicant’s available service records show he was honorably discharged and transferred to the U.S. Army Reserve on 14 November 1969. His DD Form 214 shows in: * Item 10c (Date Inducted): 17 November 1967 * Item 22a (1) (Net Service This Period): 1 year, 11 months, and 28 days * Item 22c (Foreign and/or Sea Service): 0 years, 0 months, and 0 days (does not list foreign service in the U.S. Army Pacific - Vietnam * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Item 26a (Non-Pay Periods Time Lost) – none * Item 30 (Remarks) – no entries showing courts-martial convictions 6. The applicant’s service record is void of a DA Form 20 (Enlisted Qualification Record) which would have listed his conduct and efficiency ratings. Likewise, his record is void of orders awarding him the AGCM (First Award) for the period 17 November 1967 to 14 November 1969, any disciplinary actions or a commander's disqualification for award of the AGCM. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was 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. Upon review of the applicant’s petition, available military records, the Board determined the applicant did not service in the Republic of Vietnam, therefore, he did not meet the regulatory guidance for award of the Vietnam Service Medal. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 17 November 1967 to 14 November 1969. Based on this the Board granted partial relief for correction of the applicant’s record to show award of the Army Good Conduct Medal. 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 by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 17 November 1967 to 14 November 1969 and adding the medal to his DD Form 214 for the period ending 14 November 1969. 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 award of the Vietnam Service Medal (VSM). 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. 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 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 26 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. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to, on a selective basis, to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the Army Good Conduct Medal as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. b. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006241 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1