IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140007352
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 show the Republic of Vietnam (RVN) Campaign Medal.
2. The applicant states the RVN Campaign Medal is not listed on his DD Form 214 and he never received the award. He states he served in Vietnam beginning on 12 October 1965 and was released from active duty "from Oakland, CA from Vietnam" on 12 March 1966.
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. On 17 March 1964, he was inducted into the Army of the United States. He was awarded military occupational specialties 76A (Supply Clerk) and 76G (Signal Support and Parts Specialist). He attained the rank of specialist four/pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments), he was assigned to the 128th Signal Company as a supply clerk at Tobyhanna, PA during the period 27 June 1964 to 26 August 1965
* item 31 (Foreign Service), he departed the continental United States en route to Vietnam on 27 August 1965
* item 38 (Record of Assignments), he was assigned to the 128th Signal Company as a signal support and parts specialist during the period 21 September 1965 to 5 March 1966
4. On 12 March 1966, he was honorably released from active duty. His DD Form 214 does not show the RVN Campaign Medal.
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It states the RVN Campaign Medal 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:
It is unclear exactly when he arrived in Vietnam. However, his DA Form 20 shows he was assigned to the 128th Signal Company in Vietnam from 21 September 1965 to 5 March 1966, a period of 5 months and 13 days. Based on this period, it appears he did not complete a qualifying period of service in Vietnam for award of the RVN Campaign Medal. Therefore, it would not be appropriate to add this award to his DD Form 214 at this time.
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) AR20140007352
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ABCMR Record of Proceedings (cont) AR20140007352
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