IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110015909
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 that he be awarded the Republic of Vietnam Campaign Medal (RVNCM).
2. The applicant states that his records will show that he departed Vietnam on emergency leave upon the death of his mother and at the end of his leave he was reassigned, through no fault of his own, to an Army unit in Kings Mill, Ohio. He goes on to state that he served in Vietnam from 30 January to 27 March 1969 and he should have been awarded the RVNCM.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army in Cincinnati, Ohio, on 27 March 1968, for a period of 3 years and training as a personnel specialist. He completed basic training at Fort Gordon, Georgia and advanced individual training as a personnel specialist at Fort Polk, Louisiana and he was transferred to an artillery battery in Chicago, Illinois for his first assignment.
3. On 30 January 1965, he was transferred to Vietnam for assignment to Company B, 299th Engineer Battalion for duty as a company clerk.
4. On 27 March 1969, he departed Vietnam on emergency leave and at the end of his period of leave he reported to Fort Knox, Kentucky, on 29 April 1969. He was attached to the Army Support Detachment, Kings Mills, Ohio for an indefinite period while pending a request for a compassionate reassignment. He was granted stabilization until 26 September 1969.
5. On 30 June 1969, he was reassigned to Fort Knox and he remained there until he was honorably released from active duty (REFRAD) on 26 March 1971 due to the expiration of his term of service. He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states the RVNCM 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. Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served less than 6 months of service but met one of the following criteria are also entitled to the RVNCM with Device 1960:
* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the RVNCM has been noted.
2. The requirement for award of the RVNCM was 6 months of service in Vietnam and the applicant only served 1 month and 28 days in Vietnam.
3. The applicant was not returned to Vietnam based on his own request for a compassionate reassignment in April 1969 and did not qualify for award of the RVNCM based on exceptions authorized for that award.
4. Accordingly, he is not entitled to award of the RVNCM and there is no basis to grant his request for the award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20110015909
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ABCMR Record of Proceedings (cont) AR20110015909
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