BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100030389
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 to his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960).
2. He states that his award is missing from his DD Form 214.
3. He provides a copy of his DD Form 214 and information from Wikipedia for the Republic of Vietnam Campaign Medal with Device (1960).
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's military records show he was inducted into the Army of the United States in pay grade E-1 on 26 August 1970. He completed training and was awarded military occupational specialty 11E (Armor Crewman). He served in Vietnam from 10 February through 16 June 1972, a period of 4 months and 7 days.
3. He was honorably released from active duty in pay grade E-4 on 18 June 1972, as an overseas returnee, and transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completing 1 year, 9 months, and 23 days of net active service and 4 months and 7 days of foreign service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, and Army Commendation Medal.
5. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) is 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 and having contributed direct combat support to the Republic of Vietnam and Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant did not complete a qualifying period of service, 6 months or more, for award of the Republic of Vietnam Campaign Medal with Device (1960). Therefore, he is not entitled to correction to his DD Form 214 to show this award.
2. In view of the foregoing, there is no basis for granting his request.
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 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) AR20100030389
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ABCMR Record of Proceedings (cont) AR20100030389
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