IN THE CASE OF:	   

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130020139 


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 with Device (1960).

2.  He states he:

* was boots on the ground in Vietnam and needs to be able to prove it 
* He should have been awarded the Republic of Vietnam Campaign Medal with Device (1960)

3.  He 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.  The applicant enlisted in the Regular Army on 1 July 1963.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
	a.  item 31 (Foreign Service) he served in Vietnam from 17 March 1966
to 22 June 1966;

	b.  item 38 (Record of Assignments), while in Vietnam he was assigned to:

		(1)  Company A, 25th Aviation Battalion, 25th Infantry Division, from       17 March 1966 to 1 June 1966; 

		(2)  Company B, 25th Aviation Battalion, 25th Infantry Division, from          2 June to 22 June 1966. 

	c.  item 41 (Awards and Decorations) the National Defense Service Medal and the Vietnam Service Medal.

4.  On 23 June 1966, he was honorably released from active duty after serving   2 years, 11 months, and 23 days of total active service.  His DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.

5.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Vietnam from 17 March to 22 June 1966, a period of 2 months.  However, in order to be eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) he would have had to have been assigned to Vietnam for at least 6 months.  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)                                         AR20130020139





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ABCMR Record of Proceedings (cont)                                         AR20130020139



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