BOARD DATE: 20 March 2018 DOCKET NUMBER: AR20160012335 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 BOARD DATE: 20 March 2018 DOCKET NUMBER: AR20160012335 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. BOARD DATE: 20 March 2018 DOCKET NUMBER: AR20160012335 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) by adding the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states, in effect, he served on active duty in the Republic of Vietnam and requests this award be added to his DD Form 214 in order to obtain Department of Veterans Affairs healthcare. 3. The applicant provides a copy of his DD Form 214 and Special Orders Number 144. 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 13 February 1967. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) service in the Republic of Vietnam from 29 April to 10 July 1968, a period of 73 days, and in Okinawa, Japan, for the period 11 July 1968 to 5 February 1970. 3. On 6 February 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Vietnam Service Medal. 4. He provided Special Orders Number 144 dated 21 June 1968 showing he was awarded a secondary military occupational specialty. Within this order there is no evidence showing his length of service in the Republic of Vietnam. REFERENCES: 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: Regulatory guidance states a Service member is required to serve in the Republic of Vietnam for 6 months for award of the Republic of Vietnam Campaign Medal with Device (1960). The applicant's record shows he served in the Republic of Vietnam for 73 days, a period which does not meet the criteria for 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) AR20160012335 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012335 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2