IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080007555
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Republic of Vietnam Campaign Medal and the "Okinawa Ribbon."
2. The applicant states correcting his DD Form 214 is the right thing to do.
3. The applicant provides a picture of himself in uniform, in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Inducted into the Army of the United States (AUS) for 2 years on 2 November 1965; the applicant received basic combat and advanced individual training at Fort Carson, CO; and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned to Fort Carson for his first permanent duty assignment.
3. The applicant's unit at Fort Carson, 5th Battalion, 7th Cavalry, deployed to Vietnam on/about 2 August 1966. The applicant served in Vietnam with Company C, 5th Battalion, 7th Cavalry as a grenadier from on/about 2 August 1966 to on/about 4 December 1966, when he was medically evacuated to the US Army Hospital, Camp Zama, Japan because of a peptic ulcer. He did not return to Vietnam and ended up serving 4 months and 2 days in Vietnam.
4. On/about 17 January 1967, the applicant was discharged from the hospital and reassigned to Okinawa, Ryukyu Islands, Japan for duty with the 1st Missile Battalion, 57th Artillery. He remained in Okinawa until on/about 25 October 1967, when he was transferred to the US Army Personnel Center, Oakland Army Base, Oakland, CA.
5. The applicant was honorably released from active duty on 25 October 1967. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). It does not show any other awards.
6. Army Regulation 672-5-1, (Military Awards), in effect at the time, set forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provided the Government of Vietnam awarded the Vietnam Campaign Medal with 1960 Device 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.
7. Neither AR 672-5-1 nor AR 600-8-22, the present awards regulation, shows an "Okinawa Ribbon."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Vietnam Campaign Medal and the "Okinawa Medal."
2. The applicant does not qualify for award of the Vietnam Campaign Medal because he served only 4 months and 2 days in Vietnam and his medical evacuation was not due to wounds resulting from hostile action, but was the result of an ulcer.
3. There is no such award as the "Okinawa Ribbon."
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.
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) AR20080007555
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ABCMR Record of Proceedings (cont) AR20080007555
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