IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120007160
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 Vietnam Campaign Ribbon (properly known as Republic of Vietnam Campaign Medal with Device (1960)).
2. The applicant states his DD Form 214 (Report of Separation from Active Duty) shows in-country service in Vietnam, where he was shipped, stationed, served, was promoted, and given a new military occupational specialty (MOS).
3. The applicant provides a copy of his 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 enlisted in the Regular Army on 15 October 1971, completed training, and was awarded the MOS 71B (Clerk). On 25 February 1972, his MOS was converted to 71T (Maintenance Data Specialist).
3. His DA Form 20 (Enlisted Qualification Record) provides the following at:
a. item 31 (Foreign Service) service in:
(1) Vietnam from 22 March 1972 through 9 April 1972 (this entry is lined through); and
(2) Hawaii from 9 April 1972 through 10 October 1974;
b. item 38 (Record of Assignments) assignment to:
(1) the 516th Personnel Service Company U.S. Army - Pacific (USARPAC) from 27 March 1972 through 4 April 1972; and
(2) the 347th Transportation Company USARPAC - Hawaii from 10 April 1972 through 13 October 1974; and
c. item 41 (Awards and Decorations), award of the National Defense Service Medal, Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle bar.
4. The applicant was honorably released from active duty on 13 October 1974 with 2 years, 11 months, and 29 days of creditable active service and no lost time.
5. His DD Form 214 shows at:
a. item 19 (Indochina or Korea Service Since August 5, 1964), Yes 720322 - 720409;
b. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle bar.
6. Other than the notations on the DA Form 20 and the DD Form 214, the available record contains no evidence of service in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) states:
a. the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations; and
b. 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 qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:
* 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
are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).
DISCUSSION AND CONCLUSIONS:
The applicant appears to have been assigned duty in Vietnam for a maximum of 19 days and while this service does qualify him for the Vietnam Service Medal, it is of insufficient duration to qualify for 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) AR20120007160
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ABCMR Record of Proceedings (cont) AR20120007160
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