IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150006779 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 the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states: * he should have been awarded these medals since he served in combat in Vietnam * he is not able to receive health benefits through the Department of Veterans Affairs 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 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 inducted into the Army of the United States on 2 September 1964. He trained as a light weapons infantryman. 3. His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on or about 16 April 1966 and he departed Vietnam on or about 15 August 1966 (total of 4 months). 4. On 26 August 1966, he was honorably released from active duty. 5. His DD Form 214 shows he was awarded or authorized the: * Expert Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (M-60) Bars * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * National Defense Service Medal * Vietnam Service Medal 6. Since his DD Form 214 shows award of the Vietnam Service Medal, this portion of his request will not be discussed further in this Record of Proceedings. 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. 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 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 the line of duty DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should have been awarded the Republic of Vietnam Campaign Medal with Device (1960) for his service in Vietnam. 2. The governing regulation states qualifying service included assignment in Vietnam for 6 months or more. 3. The evidence of record shows he served in Vietnam from 16 April 1966 to 15 August 1966, a total of 4 months. 4. He did not complete a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). 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 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) AR20150006779 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006779 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1