IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150014484 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150014484 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. IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150014484 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 add the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states that he served in Vietnam but his DD Form 214 did not reflect the Republic of Vietnam Campaign Medal with Device (1960). A representative at the local Department of Veterans Affairs (VA) Medical Center told him that while he could register, he could not apply for the benefits associated with Agent Orange exposure because his DD Form 214 does not reflect the Republic of Vietnam Campaign Medal with Device (1960). 3. The applicant provides no additional documents. 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 28 January 1964. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 5 November 1965 to 24 January 1966. This form does not list the Republic of Vietnam Campaign Medal with Device (1960) in item 41 (Awards and Decorations). 4. The Army honorably released him from active duty on 27 January 1966. His DD Form 214 shows he completed 2 months and 19 days of foreign service, but does not show the Republic of Vietnam Campaign Medal with Device (1960). REFERENCES: Army Regulation 600-8-22 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. Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served in Vietnam for less than 6 months were also eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) provided they: * 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: 1. The evidence of record shows the applicant completed 2 months and 19 days of service in Vietnam. His service record does not indicate he was assigned to Vietnam 6 months or more and he was not medically evacuated prior to completing 6 months of service due to wounds resulting from hostile action. 2. The evidence of record does not confirm the applicant met the regulatory requirements for award the Republic of Vietnam Campaign Medal with Device (1960). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014484 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2