IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140012631 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states, in effect, he served in Vietnam and he believes he should receive this award.  The absence of this award on his DD Form 214 prohibits him from applying for help for post-traumatic stress disorder.

3.  The applicant provides no additional documentation.

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 enlisted in the Regular Army on 27 November 1962.  After completing initial training, he was awarded military occupational specialty 111.0 (Rifleman).  He served in Vietnam from on or about 8 July 1965 to on or about 14 November 1965.  The highest rank/grade he held was specialist four/E-4.

3.  On 22 November 1965, he was honorably released from active duty.  His 
DD Form 214 shows:

	a.  Total net creditable active service of 2 years, 11 months, and 26 days.  His total foreign service (with U.S. Army Pacific (USARPAC)) is shown as 4 months and 20 days.

	b.  He was awarded or authorized:

* Vietnam Service Medal
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states the Republic of Vietnam Campaign Medal with Device (1960) 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:

The applicant contends he should be awarded the Republic of Vietnam Campaign Medal with Device (1960).  Both his record and DD Form 214 show service in Vietnam during the qualifying period; however, the criteria require assignment in Vietnam for a duration of 6 months or more.  The applicant was only assigned in Vietnam for a little over 4 months.  He therefore does not meet the criteria for this award.



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)                                         AR20140012631





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ABCMR Record of Proceedings (cont)                                         AR20140012631



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