IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130022384
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, in effect, removal of award of the Republic of Vietnam Campaign Medal with Device (1960) from his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 May 1991.
2. The applicant states he did not serve in Vietnam.
3. The applicant provides copies of his DD Form 214 for the period ending 1 May 1991 and DD Form 215 (Correction to DD Form 214), dated 18 February 1992, for the same period.
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 June 1988. He was honorably released from active duty on 13 June 1990 and transferred to the U.S. Army Reserve. He completed 2 years of active duty service during this period.
3. On 1 January 1991, the applicant was ordered to active duty as a member of the U.S. Army Reserve in support of Operations Desert Shield/Desert Storm. He was honorably released from active duty to the control of the U.S. Army Reserve on 1 May 1991. He completed 3 months of active duty service during this period. His DD Form 214 for the period ending 1 May 1991 does not show award of the Republic of Vietnam Campaign Medal with Device (1960).
4. On 18 February 1992, he was issued a DD Form 215. This form shows his DD Form 214 for the period ending 1 May 1991 was corrected to add award of the Republic of Vietnam Campaign Medal with Device (1960).
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant specifically requested removal of award of the Republic of Vietnam Campaign Medal with Device (1960) from his DD Form 214 for the period ending 1 May 1991.
2. The applicant enlisted in the Regular Army on 14 June 1988, long after U.S. military activity in Vietnam ended. He clearly is not authorized award of the Republic of Vietnam Campaign Medal with Device (1960).
3. Therefore, he is entitled to correction of his DD Form 214 for the period ending 1 May 1991 to delete this award.
BOARD VOTE:
___x_____ ___x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting award of the Republic of Vietnam Campaign Medal with Device (1960) from his DD Form 214 for the period ending 1 May 1991.
___________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) AR20130022384
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ABCMR Record of Proceedings (cont) AR20130022384
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