BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150001512
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 award of the Republic of Vietnam Campaign Medal.
2. The applicant states he served in Vietnam and Okinawa between 1 March 1961 and 28 March 1973 for a period of more than 6 months. He was in Vietnam from May to October 1962 and in Okinawa from October 1962 to February 1964. His service satisfies the criteria for the Armed Forces Expeditionary Medal (Vietnam) and the Vietnam Service Medal which in turn is a criterion for earning the Republic of Vietnam Campaign Medal. He is aware this medal is not issued by the U.S. Government but he will be able to purchase it from commercial sources.
3. The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and two orders.
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 appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 14 October 1961. He entered active duty on 17 February 1962 as a member of the USAR.
3. He provides Letter Orders Number T-129, dated 22 May 1962, issued by Headquarters, 9th Logistical Command, Okinawa, placing him on temporary duty (TDY) to DaNang, Vietnam, with a proceed date of 23 May 1962.
4. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in:
* Okinawa from 13 May to 22 May 1962
* Vietnam from 23 May to 17 October 1962 (4 months and 25 days)
* Okinawa from 18 October 1962 to 4 February 1964
5. He was honorably released from active duty on 16 February 1964 to the control of the USAR. The DD Form 214 he was issued does not show the Republic of Vietnam Campaign Medal.
6. On 6 January 2014, he was issued a DD Form 215 that added the National Defense Service Medal to his DD Form 214.
7. 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 (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 6 months of service in Vietnam 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 evidence of record confirms the applicant served in Vietnam from 23 May to 17 October 1962, a period of 4 months and 25 days. As he served in Vietnam less than 6 months, he did not have sufficient qualifying service for entitlement to the Republic of Vietnam Campaign Medal. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20150001512
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ABCMR Record of Proceedings (cont) AR20150001512
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