IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013588
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 award of the Republic of Vietnam Campaign Medal.
2. The applicant states he served in Vietnam with Company C, 1 Battalion, 12th Infantry Regiment, 4th Infantry Division from April to July 1967 and was awarded the Combat Infantryman Badge.
3. The applicant provides a copy of page 4 of his DA Form 20 (Enlisted Qualification Record).
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 served on active duty in the Army of the United States from 20 October 1966 through 18 October 1968.
3. His DA Form 20 shows service in:
a. Vietnam (with Company C, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division), from 7 April 1967 through 26 July 1967;
b. Japan (as a patient), from 27 July 1967 through 24 August 1967; and
c. Thailand (with five different units), from 25 August 1967 through 6 April 1968.
4. His DD Form 214 (Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.
5. The applicant's record does not contain any indication as to why he was hospitalized in Japan and his name does not appear on the Vietnam Casualty Roster.
6. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam, who, because of wounds or capture were prevented from serving the required 6 months, or served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months
7. A review of the DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that any of the units to which the applicant was assigned to in Thailand were recognized as providing direct combat support to the Republic of Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve in Vietnam for the 6 months required to meet the eligibility period for award of the Republic of Vietnam Campaign Medal with Device (1960).
2. His period of service in Vietnam is not shown to have ended as a result of being wounded.
3. Further, the available evidence does not show that any of the five units he served with in Thailand contributed direct combat support to the Republic of Vietnam.
4. Therefore, there is insufficient evidence to support granting an 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:
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) AR20110013588
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013588
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