IN THE CASE OF: BOARD DATE: 16 November 2010 DOCKET NUMBER: AR20100014252 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) to show all appropriate awards associated with his service in Vietnam. 2. The applicant states he was stationed in Guam but made several flights to a combat zone in Vietnam. He flew on a C-135 in and out of Vietnam with supplies, ordnance, and other items. He physically landed in Vietnam to unload the planes and then returned to Guam. He believes his presence in Vietnam should qualify him for awards. 3. The applicant provides his DD Form 214. 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. The applicant's record shows he was inducted into the Army of the United States on 10 May 1967. He completed the required training and he was awarded military occupational specialty 55B (Ammunition Storage Specialist). 3. His records also show he served in Guam from 13 October 1967 to 25 April 1969. He was assigned to the 515th Ordnance Company, 2nd Logistical Command. 4. He was honorably released from active duty on 25 April 1969 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal. 6. His record is void of any temporary duty orders, permanent change of station orders, flight orders, or any official orders transferring him in or out of Vietnam. 7. A review of his service record shows he received nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 3 February 1969 for disobeying a lawful order and failing to maintain personal property. However, there is no record of other derogatory information in the form of time lost or a record of a court-martial that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. 8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for 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. 9. Special Orders Number 222, issued by Headquarters, 2nd Logistical Command, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant served honorably during the period 10 May 1967 through 25 April 1969. Although he received minor NJP on 3 February 1969, he completed an overseas tour in Guam, attained the rank/grade of SP4/E-4, and received "excellent" conduct and efficiency ratings throughout his military service. His record is void of any other derogatory information on file that would have disqualified him from award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his DD Form 214 to show this award. 2. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award. 3. With respect to his service in Vietnam, there is no evidence in his records and he did not provide any evidence that shows he served in Vietnam. Even if he did serve in Vietnam, the exact dates of his service in Vietnam are not in his available records. Therefore, the total amount of foreign service he performed in Vietnam cannot be determined. 4. In order to establish his entitlements to any Vietnam-specific awards, exact dates must be established - the date of his arrival for service in Vietnam and the date of his departure from Vietnam. In the absence of permanent change of station orders, reassignment order, transfer order, or other documentary evidence, there is insufficient evidence to establish his entitlement to Vietnam-specific awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 May 1967 through 25 April 1969; and b. adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14). 2. The Board further determined that 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 any Vietnam-specific awards. __________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) AR20100014252 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100014252 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1