ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

                   BOARD DATE:        27 March 2019

                   DOCKET NUMBER:  AR20170011276


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).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he served in country during the Vietnam War.

3.  He enlisted in the Regular Army on 20 November 1962.

4.  He served in the Republic of Vietnam with Company A, 2nd Battalion, 18th Infantry Regiment from 25 June to 10 November 1965 (a period of 4 months and 16 days), as shown on his DA Form 20 (Enlisted Qualification Record).

5.  He was honorably released from active duty on 19 November 1965.  His DD Forms 214 does not reflect the Republic of Vietnam Campaign Medal with Device (1960).

6.  Army Regulation 600-8-22 states that qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) included assignment in Vietnam for 6 months or more.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  The Board found the applicant did not meet Army Regulation 600-8-22 standard for qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960), specifically the assignment in Vietnam for 6 months or more.
  
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.
  
SIGNATURE:

				 
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 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.


ABCMR Record of Proceedings (cont)	 AR20170011276


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