BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008659
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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Campaign Medal.
2. The applicant states he served in Vietnam and was unaware that there was a Republic of Vietnam Campaign Medal.
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 applicant's 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 applicant's 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 27 September 1963 for a period of 3 years and training as an engineer equipment operator. He completed basic training at Fort Gordon, Georgia, and advanced individual training as a crane shovel operator at Fort Leonard Wood, Missouri. He was transferred to Fort Story, Virginia, for his first duty assignment.
3. On 14 February 1966, he was transferred to Vietnam for assignment to the 263rd Transportation Detachment. He departed Vietnam on 9 June 1966 after completing 3 months and 26 days of foreign service and was reassigned to Fort Dix, New Jersey.
4. On 17 October 1966, he was honorably released from active duty due to the expiration of his term of service. He completed 3 years and 1 day of active service and was awarded the National Defense Service Medal and Vietnam Service Medal.
5. 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 are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months 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 the line of duty
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show award of the Republic of Vietnam Campaign Medal was carefully considered and was found to lack merit.
2. The applicant did not serve in Vietnam for a minimum of 6 months to qualify for award of the Republic of Vietnam Campaign Medal and he was not wounded, captured, or killed by hostile action prior to completing the minimum requirement.
3. Accordingly, he is not entitled to award of the Republic of Vietnam Campaign Medal.
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 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 this action in no way diminishes the sacrifices made by him 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) AR20130008659
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ABCMR Record of Proceedings (cont) AR20130008659
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