IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130021165
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 add the Vietnam Campaign Medal.
2. The applicant states the Vietnam Campaign Medal was omitted from his
DD Form 214.
3. The applicant provides 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 was inducted into the Army of the United States on 2 April 1964 and he held military occupational specialty 91B (Medical Specialist). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 7 August 1965 to 18 January 1966 and served with the 542nd Medical Company from 26 August 1965 to 18 January 1966.
4. He was honorably released from active duty on 20 January 1966. His DD Form 214 shows he completed 1 year, 9 months, and 19 days of total active service of which 5 months and 12 days was credited as foreign service. Additionally, he was awarded or authorized the Marksman Marksmanship Qualification Badge and the Vietnam Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states the 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.
DISCUSSION AND CONCLUSIONS:
1. Award of the Vietnam Campaign Medal with Device (1960) requires qualifying service in Vietnam for 6 months or more. The applicant was assigned to Vietnam for 5 months and 12 days.
2. Based on the foregoing, there is insufficient evidence to grant the requested relief.
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) AR20130021165
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ABCMR Record of Proceedings (cont) AR20130021165
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