IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110015189
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. The applicant states that this clerical error was discovered by his local Veterans Administration Office. Reversal of the original error will correctly document that he was on the ground in Vietnam.
3. He provides:
* Self-authored statement attesting to his service in Vietnam
* U.S. Military Assistance Command, Vietnam Currency Control Plate
* Weapon/Mask Charge-Out Card
* Cam Ranh Bay NCO/EM (Noncommissioned Officer/Enlisted Member) Open Mess Card
* U.S. Government Motor Vehicle Operators Identification Card
* Armed Forces of the United States Geneva Convention Identification Card
* Picture of a Tropospheric Scatter Communications Vietnam Patch
* Six photographs, four allegedly of himself in Vietnam
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 applicants military record shows he was inducted into the Army of the United States on 10 September 1969. He completed training and was awarded military occupational specialty 63B (Wheel Vehicle Mechanic). He served in Vietnam from 1 March 1970 to 26 June 1970, a period of 3 months and 26 days.
3. He was honorably released from active duty on 28 July 1970, for Dependency and he was transferred to the U.S. Army Reserve Control Group (Standby). He was credited with completing 10 months and 19 days of net active service and no time lost. He was also credited with completing 3 months and 26 days of foreign service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Republic of Vietnam Campaign Medal with Device 1960.
5. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal 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 and contributed 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 6 months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant did not complete a qualifying period of service 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.
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) AR20110015189
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ABCMR Record of Proceedings (cont) AR20110015189
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