ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  17 May 2019

	DOCKET NUMBER:  AR20190002844


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show:

*	Vietnam Service Medal with two bronze service stars
*	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)
*	Special Orders Number 128, Headquarters, U.S. Army Personnel Center, 
Fort Dix, NJ, dated 8 May 1969
*	DD Form 214, for the period ending 6 October 1969
*	U.S. Army Vietnam Form 1650/1 (Certificate of Achievement), dated 10 October 
1969
*	page 4, DA Form 20 (Enlisted Qualification Record)

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 Vietnam "boots on the ground" but his 
DD Form 214 is in error.  His name is on a list of overseas travel orders from Fort Dix, 
NJ.  He was initially denied medical benefits related to the Agent Orange registry when 
he applied to the Department of Veteran's Affairs.

3.  The applicant's records show sufficient evidence he qualified for the Meritorious Unit 
Commendation, the Vietnam Service Medal with two bronze service stars, and the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his 
DD Form 214 with an effective date 6 October 1969 will be administratively corrected 
and these issues will not be discussed further in this record of proceedings.  The Board 
will consider his request for the Vietnam Campaign Medal with Device (1960).
4.  On 13 May 1968, the applicant enlisted in the Regular Army and served in Vietnam 
from 9 May 1969 through 29 September 1969, a period of 4 months and 20 days. 

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The Republic 
of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the 
Republic of Vietnam to service members of the U.S. Armed Forces who served in the 
Republic of Vietnam for 6 months during period 1 March 1961 to 28 March 1973, 
inclusive.  To qualify for this award personnel must have:

   a.  served in the Republic of Vietnam for 6 months during period from 1 March 1961 
to 28 March 1973, inclusive; 

	b.  served outside the geographical limits of the Republic of Vietnam and contributed 
direct combat support to the Republic of Vietnam and Armed Forces for 6 months; or

	c.  served for less than 6 months and been wounded by hostile forces; captured by 
hostile forces, but later escaped, rescued, or released; killed in action or otherwise in 
line of duty.

6.  The available records show no evidence indicating the applicant's departure from 
Vietnam was caused by having been wounded by hostile forces or any related 
circumstances. 

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that 
no relief other than the administrative correction outlined below was warranted.  The 
Board determined that the applicant was not authorized award of the Vietnam 
Campaign Medal with Device (1960).  To qualify for this award personnel must have
served in the Republic of Vietnam for 6 months during period from 1 March 1961 to 28 
March 1973, inclusive.  However, the applicant served in the Republic of Vietnam for 
four months and 10 days and his departure was not caused by having been wounded 
by hostile forces or any related circumstances, thus he did not meet the service 
requirement for award of this medal.




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:

Regarding the portion of the applicant’s request that the Board voted on (award of the 
Vietnam Campaign Medal with Device (1960)), the Board determined that 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.


	  
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant's records shows he was authorized awards not shown on his 
DD Form 214.  As a result, amend the DD Form 214 with an effective date 6 October 
1969 by deleting the Vietnam Service Medal and adding:

1.  Meritorious Unit Commendation

2.  Vietnam Service Medal with two bronze service stars

3.  Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The Republic 
of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the 
Republic of Vietnam to service members of the U.S. Armed Forces who served in the 
Republic of Vietnam for 6 months during period 1 March 1961 to 28 March 1973, 
inclusive.  To qualify for this award personnel must have:

   a.  served in the Republic of Vietnam for 6 months during period from 1 March 1961 
to 28 March 1973, inclusive; 

	b.  served outside the geographical limits of the Republic of Vietnam and contributed 
direct combat support to the Republic of Vietnam and Armed Forces for 6 months; or

	c.  served for less than 6 months and been wounded by hostile forces; captured by 
hostile forces, but later escaped, rescued, or released; killed in action or otherwise in 
line of duty.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190002844

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