IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130017519
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 (RVN) Campaign Medal.
2. The applicant states that he served in the RVN from 13 October 1965 through 23 January 1966, but he did not receive the RVN Campaign Medal.
3. The applicant provides a copy of page 2 of his DA Form 20 (Enlisted Qualification Record).
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 was inducted on 27 January 1964. He was awarded military occupational specialty 64B (Light Vehicle Driver).
3. The applicant's DA Form 20 shows in:
a. item 31 (Foreign Service), he served in Vietnam from 13 October 1965 through 23 January 1966;
b. item 38 (Record of Assignments):
* Heavy Vehicle Driver, Headquarters Company, 588th Engineer Battalion (RVN), 13 October 1965 through 18 January 1966
* Casual, enroute to the Continental United States, 19 January 1966
* U.S. Army Personnel Center, Oakland, California, 23 January 1966
c. item 40 (Wounds) is blank (no entries); and
d. Item 41 (Awards and Decorations) does not show the RVN Campaign Medal with Device (1960).
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
24 January 1966. He completed 1 year, 11 months, and 28 days of total active service.
a. Item 24, block c (Foreign and/or Sea Service), shows he completed
3 months and 11 days of foreign service (U.S. Army Pacific).
b. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the RVN Campaign Medal with Device (1960).
5. A review of the applicant's military personnel records failed to reveal any evidence that shows he was authorized or awarded the RVN Campaign Medal with Device (1960). There is also no evidence that he was wounded as a result of hostile action, or captured by hostile forces and later escaped or was rescued or released.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The
RVN 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. 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
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the RVN Campaign Medal with Device (1960).
2. Records show the applicant served 3 months and 11 days in the RVN.
3. The evidence of record fails to show he satisfied the qualifying criteria for award of the RVN Campaign Medal with Device (1960).
4. Therefore, there is an insufficient evidentiary basis for correcting his records to show 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 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 our Nation. 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) AR20130017519
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017519
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019752
The evidence of record shows he was awarded the VSM and that he served for less than 6 months in the RVN. The evidence of record shows: a. the applicant qualified for award of the VSM and he participated in one campaign during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" and b. adding the following awards to item 24 of his...
ARMY | BCMR | CY2012 | 20120004417
The evidence of record shows the applicant qualified for award of the Vietnam Service Medal and he served in one campaign during his service in Vietnam. d. Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his DD Form 214 to show the award. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120013209
In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 5 February 1964 to 30 January 1966 and to correct his DD Form 214 to show this award. The evidence of record does not indicate his service in Vietnam met the criteria for award of the RVN Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130011688
Army Regulation 600-8-22 states the RVN 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. Therefore, he served a period of qualifying service for award of the RVN Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2013 | 20130021831
The applicant requests, in effect, correction of his DD Form 214 for the period ending 13 February 1967 to show awards for his service in Vietnam, including "combat ribbons," the Vietnam Service Medal, and the Republic of Vietnam (RVN) Campaign Medal with Device (1960). The applicant had prior enlisted service in the Army National Guard, Army of the United States, and U.S. Army Reserve (USAR). He did serve in Vietnam as a WO during the period of service ending 20 July 1968, and the DD Form...
ARMY | BCMR | CY2014 | 20140008777
The applicant states his DD Form 214 shows his service in the U.S. Army Pacific (USARPAC) and the Vietnam Service Medal (VSM) but does not show the RVN Campaign Medal with Device (1960) that the Department of Veterans Affairs (VA) requires. Army Regulation 600-8-22 (Military Awards) states the RVN 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...
ARMY | BCMR | CY2010 | 20100026968
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with 2 or 3 bronze service stars * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Campaign Medal (RVNCM) with Device (1960) * Army Commendation Medal (ARCOM) * unit awards received by Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry, 82d Airborne...
ARMY | BCMR | CY2013 | 20130021717
The evidence shows he completed a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award. The evidence shows he was previously-awarded the Vietnam Service Medal and that he participated in one campaign while serving in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st...
ARMY | BCMR | CY2014 | 20140021306
Application for correction of military records (with supporting documents provided, if any). The applicant requests the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 February 1966. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but: * were wounded as a result of...
ARMY | BCMR | CY2013 | 20130008624
The applicant requests correction of the Social Security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and correction of his record to show he is authorized the Republic of Vietnam (RVN) Campaign Medal with Device (1960). He states the SSN on his DD Form 214 is entered as "XXX-XX-XX1X," but should read "XXX-XX-XX6X." The regulation in effect at the time of the applicant's separation stated the SSN entered on the DD Form 214 was to...