BOARD DATE: 8 June 2010
DOCKET NUMBER: AR20090021339
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 award of the Republic of Vietnam Campaign Medal.
2. The applicant states he was in Vietnam (in country) in 1965 and the Republic of Vietnam Campaign Medal was not put on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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. The applicant was inducted into the Army of the United States on 17 September 1964.
3. He served in Vietnam from 16 August 1965 through 28 October 1965. His service record does not show he was medically evacuated due to wounds resulting from hostile action in Vietnam.
4. The applicant was honorably released from active duty on 11 January 1966. His DD Form 214 shows he completed 2 months of foreign service.
5. His DD Form 214 does not show entitlement to the Republic of Vietnam Campaign Medal.
6. Army Regulation 600-8-22 (Military Awards) 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was in Vietnam (in country) in 1965 and the Republic of Vietnam Campaign Medal was not put on his DD Form 214. However, the evidence of record does not confirm he met the regulatory requirements for award the Republic of Vietnam Campaign Medal.
2. By regulation, qualifying service for award of the Republic of Vietnam Campaign Medal included assignment in Vietnam for 6 months or more. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.
3. The evidence of record shows the applicant completed 2 months in Vietnam and he was not medically evacuated due to wounds resulting from hostile action in Vietnam. Therefore, he is not eligible for award of the Republic of Vietnam Campaign Medal.
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) AR20090021339
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ABCMR Record of Proceedings (cont) AR20090021339
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