IN THE CASE OF:	   

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20120022982 


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 he was authorized the Republic of Vietnam Campaign Medal with Device (1960) (VCM).

2.  The applicant states the Vietnam Service Medal (VSM) is listed on his DD Form 214.  However, he was told that his DD Form 214 needed to show the VCM for him to receive Department of Veterans Affairs benefits.

3.  The applicant provides:

* DD Form 214
* DD Form 256A (Honorable Discharge)
* Special Orders Number 144
* Special Orders Number 335
* U.S. Army Administration Center Letter Orders Number 11-364031
* Letter of Commendation
* Letter of Appreciation

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.  On 3 December 1963, he was inducted into the Army of the United States.  He was awarded military occupational specialty 56D (Subsistence Storage Specialist) and was advanced to the rank of specialist four/pay grade E-4.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Vietnam from 17 August to 29 November 1965.  

4.  On 1 December 1965, he was honorably released from active duty.  He completed 1 year, 11 months, and 29 days of total active service.

5.  The DD Form 214 he was issued at the time shows he was authorized the VSM and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Army Regulation 600-8-22 (Military Awards) states the VCM was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

His record shows he was credited with serving 3 months and 13 days in Vietnam, which is insufficient service to qualify for the VCM.  Therefore, he is not entitled to have the VCM added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20120022982



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ABCMR Record of Proceedings (cont)                                         AR20120022982



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