IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004962 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 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 1968 to show the award of the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states he served in Vietnam from March 1968 to August 1968. 3. The applicant provides no additional evidence or documentation. 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's records show he was inducted into the Army of the United States on 8 September 1966. 3. He was honorably released from active duty on 30 August 1968. His DD Form 214 shows he completed 1 year, 11 months, and 23 days of net active creditable service. His DD Form 214 also shows: a. Block 22c (Foreign and/or Sea Service) indicates service within the U.S. Army Pacific for 4 months and 29 days. b. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. His available service record contains a DA Form 20 (Enlisted Qualification Record) with the following entries: a. Item 31 (Foreign Service) shows service in Vietnam from on or about 2 April 1968 to 31 August 1968 (a period of 4 months and 29 days). b. Item 38( Record of Assignments) shows, while in Vietnam, he was assigned to Headquarters and Headquarters Company, 5th Battalion, 46th Infantry Regiment, 198th Light Infantry Brigade from on or about 2 April 1968 to on or about 26 August 1968. 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 (emphasis added). DISCUSSION AND CONCLUSIONS: The applicant requests correction of his DD Form 214 to show the award of the Republic of Vietnam Campaign Medal with Device (1960). The evidence of record confirms he served in Vietnam for 4 months and 29 days. To be eligible for this award, the regulation states the Soldier must have served a minimum of 6 months. Based upon this criterion, it does not appear he is eligible for this award. 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) AR20150004962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1