BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016178
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 Vietnam Campaign Medal.
2. The applicant states he was assigned to the Command Maintenance Management Inspection (CMMI) Team at Fort Ord, California and made numerous trips to Vietnam, staying weeks at a time.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his order releasing him from active duty (REFRAD), and a letter of appreciation.
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 14 October 1963 for a period of 3 years and training as a clerk-typist.
3. On 5 April 1966, he was assigned to the 6th Army CMMI Team at Fort Ord, where he remained until he was honorably REFRAD on 13 October 1966 due to the expiration of his term of service (ETS). He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal and his marksmanship badge.
4. A review of the applicants official records failed to show evidence of the applicant having served in Vietnam in any capacity.
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. Also eligible for this award are 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
6. Army Regulation 600-8-22 states 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in Vietnam on numerous occasions while on temporary duty is not in doubt, he has failed to show through the evidence of record and evidence submitted with his application that such was the case.
2. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant the applicants request for award of the Vietnam Campaign Medal.
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) AR20130016178
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ABCMR Record of Proceedings (cont) AR20130016178
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