IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004020
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 14 May 1971, to show award of the Army Good Conduct Medal (AGCM) and National Defense Service Medal (NDSM).
2. The applicant states, in effect, that he earned the requested medals.
3. The applicant provides his DD Form 214, dated 14 May 1971.
CONSIDERATION OF EVIDENCE:
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 (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His DD Forms 214, dated 14 May 1971 and 26 July 1974, show he was awarded the NDSM. Therefore, award of the NDSM will not be discussed any further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army (RA) on 27 May 1968 and served until he was released from active duty on 14 May 1971, after serving for 2 years, 11 months, and 18 days. The DD Form 214 he was issued does not show award of the AGCM.
4. His DA Form 20 (Enlisted Qualification Record), dated 28 October 1970, shows in:
a. item 38 (Record of Assignments), his conduct and efficiency were rated as:
(1) "excellent" from 27 May 1968 through 4 March 1971 and contains the entry "GCM" for the last rating period (3 November 1970 4 March 1971) indicating he was specifically rated for the purpose of establishing a period of qualifying service for award of the AGCM (1st award); and
(2) "good" from 5 March 1971 through 14 May 1971.
b. item 41 (Awards and Decorations), the NDSM and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. On 26 July 1971, the applicant again enlisted in the RA.
6. His DA Form 20, dated 24 October 1972, shows in:
a. item 38, his conduct and efficiency were rated as "fair" while assigned to Fort Drum, NY; and
b. item 41, item 41 (Awards and Decorations), the NDSM and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
7. On 26 July 1974, he was discharged serving honorably for 5 years, 11 months, and 19 days of total active service. The DD Form 214 he was issued at the time shows the NDSM and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
8. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active enlisted service. This period was 3 years except in those cases when the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he served honorably and received all "excellent" conduct and efficiency ratings during the period 27 May 1968 through 4 March 1971. The last rated period (4 November 1970 4 March 1971) was specifically given for the purpose of establishing his eligibility for the AGCM.
2. He received for the 2-month period from 5 March 14 May 1971 good conduct and efficiency ratings. However, since there is no evidence of any derogatory information in his record that would otherwise have disqualified him for award of the AGCM it is accepted that the ratings he received specifically for award of the AGCM should encompass that additional 2-month rating period, and he should be awarded the AGCM for the period 27 May 1968 to 14 May 1971.
BOARD VOTE:
____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 27 May 1968 through 14 May 1971.
_______ _ _x______ ___
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20140004020
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004020
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000988
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) (3rd Award) with "V" Device. In view of the available evidence, it would be appropriate to award him the AGCM (1st Award) for his period of active duty service from 17 October 1968 to 21 August 1970 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2010 | 20100024245
His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he served in Vietnam from 12 July through 4 October 1968 * item 38 (Record of Assignments) he was assigned to Company A, 1st Battalion (Mechanized), 5th Infantry, from 20 July to 15 September 1968 * item 38 he received "excellent" and "unknown" conduct and efficiency ratings * item 40 (Wounds) he received a wound to his back on 2 September 1968 and a wound to his right elbow on 14 September 1968 * item 41...
ARMY | BCMR | CY2012 | 20120009964
The applicant states he was wounded in action in the Republic of Vietnam (RVN) and did not receive the PH. Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 13 June 1968 through 14 January 1970 and to add this award to his record and DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for being wounded in action...
ARMY | BCMR | CY2013 | 20130006903
The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms), he qualified: * Marksman with the M-14 Rifle and .45 caliber pistol * Second Class Gunner (now called Marksman) with the 81 millimeter mortar * item 38 (Record of Assignments), he was assigned to duty in Vietnam...
ARMY | BCMR | CY2014 | 20140020411
His record is void of orders awarding him the Army Good Conduct Medal (AGCM). Therefore, it would be appropriate at this time to award him the AGCM (1st Award) and correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 4 August 1969 through 9 March 1971; and b. correcting his DD Form 214 by deleting the VSM and the BSM and adding...
ARMY | BCMR | CY2010 | 20100021617
It shows that during his assignment to 2nd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade, his unit received the following awards: * RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970, by Department of the Army General Orders Number 51, dated 1971 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971, by Department of the Army General Orders Number 5, dated 1973 13. Army...
ARMY | BCMR | CY2010 | 20100028538
The applicant requests correction of his record to show he was awarded the Combat Infantryman Badge (CIB). His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) he was credited with service in Vietnam from 19 May 1969 through 16 July 1970; b. item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), in duty MOS 11B from 23 May to 19 June 1969 and from 9 August 1969 to...
ARMY | BCMR | CY2009 | 20090013817
The applicant requests, in effect, 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 (AGCM) and all other awards he earned during his service. The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also eligible for 4 bronze service stars to be worn with his already-awarded VSM. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140020571
Application for correction of military records (with supporting documents provided, if any). Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 2 June 1969...
ARMY | BCMR | CY2014 | 20140017568
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Valorous Unit Emblem (known as the Valorous Unit Award (VUA)), 3 bronze service stars with his Vietnam Service Medal (VSM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. His DA Form 20 (Enlisted...