IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014410
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 his dates of service in Vietnam and the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
2. The applicant states he served in Vietnam and he wants the Republic of Vietnam Campaign Medal with Device (1960) listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
3. The applicant provides:
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
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 18 June 1965. He served as a helicopter mechanic in Vietnam and he was released from active duty on 8 June 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows in:
* Item 22c (Foreign and/or Sea Service) he served 3 months and 24 days of foreign service in U.S. Army Pacific (USARPAC)
* Item 24 the National Defense Service Medal and Vietnam Service Medal
* Item 30 (Remarks) no Vietnam service
4. Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 15 February 1967 through 10 June 1967. This end date is incorrect since he was released from active duty on 8 June 1967.
5. Item 38 (Record of Assignments) of his DA Form 20 shows he departed Vietnam on 4 June 1967.
6. There is no evidence of record which shows the applicant was evacuated from Vietnam due to wounds as a result of hostile action.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.
8. 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 entries on his DA Form 20 which show he served in Vietnam from
15 February 1967 to 4 June 1967 are accepted as sufficient evidence on which to add the entry "Vietnam Service: 15 February 1967 to 4 June 1967" to item
30 of his DD Form 214.
2. Evidence shows he served in Vietnam for a period less than 4 months. Since there is no evidence of record which shows he was evacuated from Vietnam prior to completing 6 months of service due to wounds resulting from hostile action, he is not eligible for the Republic of Vietnam Campaign Medal with Device (1960).
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X ___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "Vietnam Service: 15 February 1967 to 4 June 1967" to item
30 of his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.
_______ _ 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) AR20110014410
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ABCMR Record of Proceedings (cont) AR20110014410
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