IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110004537
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 reconsideration of his previously denied request that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant states he believes the criteria at the time stated:
* an individual had to serve for 6 months or longer; being wounded and not being able to serve for the full 6 months; Prisoner of War and being held by the Viet Cong or North Vietnam Army
* receive the Combat Infantryman Badge
3. The applicant provides a self-authored statement.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100016369, on 29 December 2010.
2. The applicant did not provide any new evidence; however, he provides a new argument which was not previously reviewed by the Board. Therefore, it is considered as new evidence and warrants consideration by the Board.
3. He acknowledges the Army changed the rules in 1966; however, he is unable to obtain a copy of the governing regulation for the period 1960 to December 1965.
4. His records show he served in the Republic of Vietnam from on or about 25 June to 15 November 1965. He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.
5. He was honorably released from active duty on 21 November 1965 in the rank/grade of specialist four/E-4 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.
6. On 29 December 2010, the ABCMR voted to correct the applicant's records to show entitlement to the National Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.
7. 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.
8. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his records be corrected to show award of the Republic of Vietnam Campaign Medal with Device (1960) was carefully considered and determined to be without merit.
2. Contrary to the applicant's belief of being eligible for the Republic of Vietnam Campaign Medal with Device (1960), the governing regulations state qualifying service required an assignment of 6 months or more in the Republic of Vietnam or outside the geographical limits of South Vietnam and contribute direct combat support to the Republic of Vietnam Armed Forces for 6 months.
3. Although the applicant contends he meets the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) based on receipt of the Combat Infantryman Badge, this was not a qualifying criteria.
4. Records indicate the applicant served in Vietnam on or about 25 June to 15 November 1965, which is insufficient time for eligibility for award of the Republic of Vietnam Campaign Medal with Device (1960). Based on the foregoing, the applicant is not eligible for 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:
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 to amend the decision of the ABCMR set forth in Docket Number AR20100016369, dated 29 December 2010.
____________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) AR20110004537
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ABCMR Record of Proceedings (cont) AR20110004537
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