BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020850
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was authorized the Republic of Vietnam Campaign Medal with Device (1960) (VCM).
2. The applicant states he served in the Republic of Vietnam for 3 months and 22 days, but was never issued the VCM.
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 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's military records are not available for review. A request to obtain his records from the National Personnel Records Center (NPRC) revealed they were not available. However, since his DD Form 214 is available, it is a sufficient document for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 29 January 1964. He completed his military training and was awarded military occupational specialty 63C (Track Vehicle Mechanic). The highest rank/grade he attained during his period of active service was specialist four/E-4 (temporary).
4. On 27 January 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve after completing 1 year, 11 months, and 29 days of total active service.
5. His DD Form 214 shows the following:
* Block 12 (Last Duty Assignment and Major Command): A Battery, 6th Battalion, 14th Artillery Regiment, USARPAC (U.S. Army Pacific)
* Block 24c (Foreign and/or Sea Service): 3 months and 22 days in USARPAC
* Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Good Conduct Medal, Sharpshooter (Rifle), Vietnam Service Medal
* Block 27 (Wounds Received as a Result of Action with Enemy Forces): None
6. Army Regulation 600-8-22 (Military Awards) states the VCM 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 (emphasis added). 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's request for correction of his DD Form 214 to show he was authorized the VCM was carefully considered.
2. The applicant's records were not available for review. However, a DD Form 214 was available for review. It shows he served in USARPAC for 3 months and 22 days. This is the same length of service that the applicant stated he served in the Republic of Vietnam. His DD Form 214 also shows he was authorized the Vietnam Service Medal which validates his service in the Republic of Vietnam.
3. In order to be awarded the VCM an individual must have served a qualifying period of service of 6 months or more to be awarded the medal. The applicant, by his own admission and his DD Form 214, stated he only served in the Republic of Vietnam for 3 months and 22 days. Therefore, he does not meet the criteria necessary to grant 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) AR20100017975
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ABCMR Record of Proceedings (cont) AR20140020850
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