IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090002973 


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, the widow of the deceased former service member (FSM), requests, in effect, correction of the FSM's military records to show that he was awarded the Bronze Star Medal, National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states, in effect, that she presumed it was an oversight by the Army Board for Correction of Military Records (ABCMR), Docket number AR20080001033, in its earlier decision, not realizing the FSM did not receive any awards for his Vietnam service.

3.  The applicant provides, in support of her application, copies of the FSM's State of Arkansas Certificate of Death; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and ABCMR Docket Number AR20080001033, dated 1 July 2008, concerning the FSM's temporary duty in the Republic of Vietnam.

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 requests award of the Bronze Star Medal.  However, there are no orders or other evidence on file in the FSM's Official Military Personnel File (OMPF) that confirms award of this personal decoration.  In the absence of authority for this award, the applicant may request award of the Bronze Star Medal under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130.  As a result, the request for award of the Bronze Star Medal will not be discussed further in these Proceedings.

3.  The applicant also requests correction of the FSM's military records to show award of the National Defense Service Medal.  On 15 January 2009, a DD Form 215 (Correction to the DD Form 214) was issued adding, in part, the National Defense Service Medal.  A copy of the DD Form 215 has been sent to the applicant.  Therefore, this issue will not be discussed further in these Proceedings.

4.  On 11 December 1962, the FSM was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 626.10 (Construction Machine Operator).  

5.  On 8 May 1963, the FSM departed Travis Air Force Base, California for duty in the Republic of Korea.  On 13 May 1963, the FSM was assigned for duty with Company B, 44th Engineer Battalion (Construction).

6.  The FSM was on temporary duty with the United States Army Support Command, Vietnam, during the period from 1 to 30 March 1964.  He returned to the Republic of Korea and the 44th Engineer Battalion on 31 March 1964.

7.  On 13 May 1964, the FSM returned to the United States for duty at Fort Ord, California.  

8.  On 10 December 1964, the FSM was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of private first class (PFC)/E-3 and had completed 2 years of creditable active duty service.  
9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214, as corrected by DD Form 215, lists his awards as the Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  It does not show award of the Republic of Vietnam Campaign Medal with Device (1960).

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's military records should be corrected to show award of the Republic of Vietnam Campaign Medal with Device (1960).

2.  The evidence of record clearly shows that the FSM served in the Republic of Vietnam for only a 30-day period in March 1964, short of the required 6 months under normal circumstances.  The FSM's period of service in the Republic of Vietnam was not of sufficient length to qualify for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, there is no basis for award of the Republic of Vietnam Campaign Medal with Device (1960).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  _____X___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.



      ___________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)                                         AR20090002973



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ABCMR Record of Proceedings (cont)                                         AR20090002973



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