IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130017313
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 Republic of Vietnam Campaign Medal.
2. The applicant states the Republic of Vietnam Campaign Medal is not shown on his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides copies of his DD Form 214, Honorable Discharge Certificate, a travel voucher, and a Foreign Travel Itinerary.
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 served on active duty from 11 December 1963 through 10 December 1965 with service in Vietnam from 25 June 1965 through 5 December 1965, 5 months and 10 days.
3. Army Regulation 600-8-22 (Military Awards) states that the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve in Vietnam for the required 6 months nor is he shown to have been transferred out of Vietnam as a result of sustaining any wounds.
2. There is no provision for awarding the applicant the Republic of Vietnam Campaign Medal with Device (1960) as he does not meet the required 6 months of service in country.
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) AR20130017313
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ABCMR Record of Proceedings (cont) AR20130017313
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