IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080001478 


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 defers his request to counsel. 

2.  The applicant defers his statement to counsel.

3.  The applicant provides additional documentary evidence through counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Republic of Vietnam Campaign Medal and the Vietnam Service Medal.

2.  Counsel states, in effect, that the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the applicant's requested awards.

3.  Counsel provides the following additional documentary evidence in support of the applicant's request:

	a.  DD Form 214, dated 10 August 1965.

	b.  Extracts of magazine articles describing some of the applicant's awards and decorations in Vietnam.

	c.  Letter of Appreciation, dated 29 April 1965.

	d.  General Orders, dated on miscellaneous dates, awarding the applicant three awards of the Air Medal.

	e.  Letter Orders, dated 27 November 1964 and 1 March 1965, Temporary Duty.

	f.  Special Orders, dated 19 July 1965, Reassignment Orders.

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 records show that he enlisted in the Regular Army for a period of 3 years on 17 August 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk Typist).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 10 August 1965.

3.  The applicant's records show that he served in the U.S. Army Pacific Command (USARPAC) for a period of 1 year, 4 months, and 5 days.  He was assigned to Headquarters Company, 65th Engineer Battalion, 25th Infantry Division (Light), Hawaii.  Furthermore, during his service in the USARPAC, he also was attached to and served in temporary duty (TDY) status with Company A, 501st Aviation Battalion, in the Republic of Vietnam, from 1 December 1964 to 18 May 1965.  

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 10 August 1965, shows he was awarded the Good Conduct Medal (1st Award), the Air Medal (2nd Oak Leaf Cluster), the Army Commendation Medal, the Armed Forces Expeditionary Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Item 24 does not show award of the Republic of Vietnam Campaign Medal or the Vietnam Service Medal.  

5.  The applicant submitted a copy of Letter Orders 11-109, dated 27 November 1964, directing him to perform TDY duties in the Republic of Vietnam, for a period of 100 days, effective on or about 1 December 1965.  He also submitted a copy of Letter Orders 03-13, dated 1 March 1965, extending his period of TDY to 160 days.  

6.  The applicant submitted a copy of a Letter of Appreciation, dated 29 April 1965, signed by the Commander, 65th Engineer Battalion, thanking the applicant for his outstanding performance while attached to the 501st Aviation Battalion.

7.  The applicant submitted copies of General Orders, dated on miscellaneous dates, showing he was awarded three awards of the Air Medal, for the periods 9 December 1964 to 2 January 1965, 3 January 1965 to 20 January 1965, and 20 January 1965 to 3 February 1965, during his attachment to the 501st Aviation Battalion, in the Republic of Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in the Republic of Vietnam for a period of 5 months and 17 days, from 1 December 1964 to 18 May 1965.  There is no evidence that he served the required 6 months or more in the Republic of Vietnam, or that he was evacuated prior to completing six months of service due to wounds resulting from hostile action.  Therefore, he did not serve a qualifying period for award of the Republic of Vietnam Campaign Medal.

2.  The evidence of record shows that Vietnam Service Medal was awarded to members of the Armed Forces of the United States for qualifying service (attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations) in the Republic of Vietnam after 3 July 1965 through 28 March 1973.  The applicant's service in Vietnam was from 1 December 1964 to 18 May 1965.  Therefore, he did not serve a qualifying period for award of the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                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)                                         AR20080001478



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080001478



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1