IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020100
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 the Cambodian Campaign Ribbon be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his command received the Cambodian Campaign Ribbon but he did not because he was separated from service before it was issued by Congress. He was part of a convoy that drove west into Cambodia and then dug a six gun battery fighting position along Highway 22.
3. The applicant provides a copy of 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 13 August 1969. He was trained and served in military occupational specialty 36K (Field Wireman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 9 January 1970 to 17 March 1971. It also shows he was promoted to the rank of specialist four/E-4 on 13 March 1970, his highest rank held.
4. On 18 March 1971, the applicant was honorably released from active duty after completing 1 year, 7 months, and 6 days of creditable active service. His DD Form 214 shows he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal. It is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. The Cambodian Campaign Ribbon is not listed in this regulation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show the Cambodian Campaign Ribbon for his service in Cambodia. This ribbon is not included in the Department of the Army's inventory of authorized awards and therefore cannot be added to his military record.
2. In addition, Soldiers who served in Cambodia in direct support of operations in Vietnam were eligible for the Vietnam Service Medal. The evidence of record confirms the applicant received the Vietnam Service Medal as it is documented on his DD Form 214.
3. In view of the foregoing, there is no basis upon which to grant the requested relief in this case.
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) AR20140020100
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