RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2005
      DOCKET NUMBER:  AR2003098710


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Carol Kornhoff                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests award of the Bronze Star Medal and
the Army Commendation Medal.

2.  The applicant states that upon completing 18 months of duty in Vietnam,
he was awarded an engraved Bronze Star Medal for meritorious service, and
an engraved medal "For Military Merit" [Army Commendation Medal].  He has
the engraved medals in his possession; however his DA Form 66 (Officer
Qualification Record) and his DD Form 214 (Report of Transfer or Discharge)
do not reflect these awards.

3.  The applicant provides a copy of a 25 August 2003 letter to the Acting
Secretary of the Army, a copy of his DD Form 214, a copy of his Honorable
Discharge Certificate, photocopies of the Bronze Star Medal and the Army
Commendation Medal with the reverse of both engraved with the applicant's
name, copies of documents related to a 1985 request to this Board and the
withdrawal thereof, a copy of a letter of support from the President
Emeritus of Ohio Northern University, and a copy of a letter of support
from a retired Army colonel.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 July 1968.  The application submitted in this case is
dated           27 October 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant, then attending graduate school at Harvard University,
applied for a direct commission in the Army with concurrent call to active
duty.  His resume indicates that he graduated from the University of South
Dakota with a degree in government and a minor in economics.  He was a
member of the Phi Beta Kappa, and attended Oxford University in England as
a Rhodes scholar.  His work experience included duty as a State Department
intern in Washington, D.C. in the Near Eastern economics office.
4.  The applicant graduated from Harvard in the summer of 1966 with a
Master's degree in Public Administration.  His request for a direct
commission was approved and on 14 September 1966 he was appointed a second
lieutenant in the Adjutant General’s Corps.  He completed the Adjutant
General Officer Basic Course in November 1966.

5.  Prior to completion of the above-mentioned course, on 2 October 1966,
the Deputy Chief of Staff (Personnel and Administration), United States
Army, Vietnam (USARV), informed the applicant that, considering his
background, he planned to assign the applicant to his office and let him
work with whatever study group concerned with military or domestic social
problems that he wanted to.

6.  Initially assigned to the 25th Infantry Division, the applicant was
diverted to Headquarters, USARV, on his arrival in Vietnam in December
1966.

7.  An officer efficiency report rendered on the applicant for the period
             19 November 1966 to 18 November 1967 indicates that he was
working with the OSD/Advanced Research Projects Agency and the USAID
(United States Agency for International Development) doing and directing
economic research in all four corps areas with Vietnamese counterparts and
assisting in administrative tasks with a postwar planning group.  His
rater, a foreign service officer, the Chief of Development Branch, Joint
Economic Office of Embassy/USAID, rendered outstanding numerical ratings on
the applicant, and in so doing stated, "It [a series of numerical
evaluations] is similar to that used by the Department of State and I know
that these numerical grades sometimes tend to appear inflated.  I am
filling in some very high grades for [the applicant], but I cannot express
strongly enough how genuinely I believe he deserves these high grades.  He
has shown an enormous amount of initiative himself and has done a job for
us here which we could not have done without him…."  The applicant's
endorser, a brigadier general, the above-mentioned Deputy Chief of Staff
(Personnel and Administration) for USARV, rendered equally outstanding
numerical ratings, and stated, "[The applicant] is without question one of
the most outstanding officers in his grade irrespective of component on
active military service.  His judgment and maturity far exceed that
normally expected of an officer of his age and length of service.  He is
unusually highly motivated and dedicated.  He is highly respected by
subordinates and seniors alike and by the civilian community with whom he
works and associates….His potential is unlimited and he is qualified for
immediate promotion to field grade.  I recommend his immediate promotion to
the next higher grade and for selection to attend the Command and General
Staff College.  He is the most all around capable officer of his grade and
branch with whom I have served in my twenty-eight years of service."   Both
the applicant's rater and endorser used continuation sheets to comment on
the applicant's character and performance of duty.

8.  The applicant was promoted to first lieutenant on 15 September 1967.

9.  An officer efficiency report was rendered on the applicant by the same
rating officials for the period 18 November 1967 to 28 June 1968, with
equally outstanding numerical ratings and laudatory comments.  His rater
stated, "… In this capacity, he has traveled to various parts of Vietnam
and produced a number of memos, airgrams, … He helped write the Post-Tet
Countrywide Economic survey, and to support his contentions, visited a
number of Delta provinces gathering economic data … I cannot say how
strongly I feel that his performance has been extremely excellent.  He is
one of the very few Americans who really came to know a large number of
young Vietnamese on a personal basis. … His contacts in the Vietnamese
community did not end with the young students, for he was on a very
personal basis with the Minister of Labor. … Before closing I must commend
the U.S. Army on [the applicant], and also on being flexible enough to
utilize an officer of his talents in this manner."  His endorser stated,
"He is fully qualified for immediate promotion to field grade.  I would
particularly desire to serve with this outstanding officer in a future
assignment. … His performance of duty and his personal conduct left nothing
to be desired.  This is a young officer clearly destined for future
positions of high responsibility."

10.  The applicant returned to the United States and was released from
active duty on 11 July 1968 at Oakland, California.  He participated in
four campaigns during his tour in Vietnam.  United States Army Vietnam was
awarded two awards of the Meritorious Unit Commendation and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm for its actions during the
applicant's assignment to that organization.  His DD Form 214 shows award
only of the National Defense Service Medal, the Vietnam Service Medal, the
Vietnam Campaign Medal with device, and two overseas bars.  His DA Form 66
shows that he served in Vietnam for 18 months, from 5 December 1966 to 30
June 1968, indicating that he had extended his 12-month tour in Vietnam for
6 months.

11.  The applicant's official military personnel files (OMPF) do not
indicate that he was awarded the Bronze Star Medal or the Army Commendation
Medal or that he was recommended for those awards.

12.  In his 25 August 2003 letter to the Acting Secretary of the Army the
applicant stated that he received the requested two medals in the mail
after his return from Vietnam, and still has them in their original boxes.
While serving in the Senate he attempted to have the medals registered;
however, withdrew his application because at that time several people being
reported to the press claimed that they had received medals when in fact
they had not, and due to his position, he feared he would be the subject of
negative publicity.

13.  The President Emeritus of Ohio Northern University, in his 26 June
2003 letter of support, stated that the applicant was assigned to USARV and
because of his exceptional abilities and background, he was placed on
special assignment with DOD-ARPA and other special study and operations
groups under control of the U.S. Embassy in Saigon and the Military
Assistance Command, Vietnam (MACV).  He reported indirectly to the Deputy
Chief of Staff Personnel and Administration, USARV.  He stated that he was
the executive of that office and periodically met with the applicant.  He
stated that the reports on the applicant's service from the organizations
from which he was associated was highly regarded and that his work
qualified easily for the Bronze Star Medal for meritorious service, and
that the Deputy Chief of Staff for Personnel and Administration, who likely
would have authorized it, carried heavy responsibilities and was very busy.
 He went on to say that there was no question in his mind that it was the
intent of that officer to award the medal.

14.  In his 26 August 1985 letter of support the former Deputy Chief of
Staff for Personnel and Administration, USARV, a retired colonel, stated
that the applicant was awarded the Bronze Star Medal for exceptional
meritorious service during his tour of service in Vietnam and the Army
Commendation Medal for exceptionally meritorious achievement.  He stated
that it was difficult to fully understand why publications promulgating
those awards could not be found; however, it was pertinent to point out
that although the applicant was assigned to Headquarters, USARV as his
personal assistant, he lived and worked primarily in Saigon.  Because of
travel problems a high percentage of contact was by telephone.  Also, there
was a high turnover rate in Headquarters, USARV, which could have resulted
in confusion as to how the awards should be promulgated.  He stated that
this was his fault, because after writing up the awards, and ensuring they
[the medals] were engraved, he dismissed the matter from his mind.  This
combined with the applicant's decided modesty and hesitancy to discuss
personal matters contributed to the awards not being completely finalized.
It was also possible that his records were not maintained by USARV because
of his not being located at Long Binh [the site of USARV Headquarters].
Regardless, he earned the awards and they were awarded.

15.  The historical files of the United States Army, Vietnam and the
Military Assistance Command, Vietnam were reviewed at the National Archives
in College Park, Maryland.  That review failed to show that the applicant
had been awarded the Bronze Star Medal or the Army Commendation Medal.  It
was noted, however, that numerous general orders for the time period in
question were missing from the archival files.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The primary
requirement for award of this, or any decoration, is that a formal
recommendation must be prepared and administratively entered into official
military channels by someone having witnessed or with knowledge of the act,
achievement, or service to be honored.

17.  The Army Commendation Medal is awarded to any member of the Armed
Forces who distinguishes himself by heroism, meritorious achievement, or
meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The evaluation reports prepared on the applicant show that he was
indeed an outstanding officer, performing vital services in Vietnam and
performing duties exceptionally well, beyond that expected of a junior
officer, in a position that would appear to be more suited to that of a
field grade officer.  His rater and endorser both attest to his remarkable
abilities and outstanding performance of duty.

2.  The former executive to the Deputy Chief of Staff, Personnel and
Administration for USARV provided an unqualified statement indicating that
the applicant was deserving of the Bronze Star Medal for meritorious
service.  The Deputy Chief of Staff for Personnel and Administration for
USARV in his 1985 letter of support stated that he recommended the
applicant for both awards, and had both medals engraved.

3.  It is inconceivable that the applicant would not have been rewarded for
his accomplishments during his 18 months in Vietnam doing what he did and
in the manner in which he did it.  Thus, in all fairness, it would be
appropriate to now rectify this oversight.

4.  Consequently, the applicant's contention is accepted, as are the
assertions put forth by the two individuals who support him.  The
applicant's request to correct his record to show award of the Bronze Star
Medal and the Army Commendation Medal is granted.

5.  In this respect, it would be reasonable to accept the statement
provided by the USARV Deputy Chief of Staff for Personnel and
Administration, that is, award of the Army Commendation Medal for
meritorious achievement, and the Bronze Star Medal for meritorious service.


6.  Arbitrarily, the Army Commendation Medal for meritorious achievement
should be awarded for the applicant's first 6 months of service in Vietnam,
from   5 December 1966 to 4 June 1967, and the Bronze Star Medal for
meritorious service for his 18 months in Vietnam, from 5 December 1966 to
30 June 1968.

7.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with four
bronze service stars (one for each campaign).

8.  The applicant is entitled to two awards of the Meritorious Unit
Commendation and the award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

BOARD VOTE:

__LS  ___  ___JM __  ___CK __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Army Commendation
Medal for meritorious achievement for the period from 5 December 1966 to 4
June 1967, the Bronze Star Medal for meritorious service for the period 5
December 1966 to 30 June 1968, the Vietnam Service Medal with four bronze
service stars, two awards of the Meritorious Unit Commendation, and the
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.



                            ____   Linda Simmons______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2003098710                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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