BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140021306
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 Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 February 1966.
2. The applicant states the Republic of Vietnam Campaign Medal with Device (1960) was left off of his DD Form 214 by mistake.
3. The applicant provides:
* a letter of appreciation, dated 23 January 1966
* DA Form 137 (Installation Clearance Record), dated 27 January 1966
* 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 5 February 1966, he was inducted into the Army of the United States.
3. On 21 January 1965, he was assigned to Battery D, 6th Battalion,
71st Artillery at Fort Bliss, TX. He served in the Republic of Vietnam from
11 September 1965 to 29 January 1966, a period of 4 months and 19 days.
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded while assigned in the Republic of Vietnam.
5. On 1 February 1966, he was released from active duty. He completed 1 year, 11 months, and 27 days of active service that was characterized as honorable. His DD Form 214 shows he is authorized the Vietnam Service Medal; however the Republic of Vietnam Campaign Medal with Device (1960) is not shown on his DD Form 214.
6. 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. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than
6 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:
The applicant is authorized the Vietnam Service Medal; however he served less than 6 months in the Republic of Vietnam. There is no evidence that he met any of the eligibility criteria for the Republic of Vietnam Campaign Medal with Device (1960) after serving less than 6 months in the Republic of Vietnam.
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) AR20140021306
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ABCMR Record of Proceedings (cont) AR20140021306
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