RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 March 2005
      DOCKET NUMBER:  AR20040001259


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John E. Denning               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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.  The applicant requests, in effect, correction of his DD Form 214
(Report of Separation for Active Duty) to show award of the Meritorious
Service Medal (MSM).

2.  The applicant states, in effect, that his commander at the United
States Army Security Agency Field Station (USASAFS), Augsburg, Germany
awarded him the MSM.  He left the USASAFS in July 1975; the award was
issued in September 1975 and it was left off of his DD 214.

3.  The applicant provides a copy of the certificate for award of the MSM,
issued on 22 September 1975, and a copy of did DD Form 214 issued at
retirement on 31 July 1977.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
31 July 1977.  The application submitted in this case is dated 5 May 2004.


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.  On 6 January 1956, the applicant enlisted in the Regular Army and he
served continuously through reenlistment until he was honorably retired.
He served in Vietnam from 8 July 1967 to 20 June 1968, during Vietnam
Counteroffensive, Phase III; Tet 1969 Counteroffensive, and Vietnam
Counteroffensive Phase IV campaigns.  He also served in Company E, USASAFS,
Augsburg, Germany from 1 April 1974 until he was assigned to Fort Devens,
Massachusetts on 28 July 1975.

4.  The applicant's DD Form 214 shows that on 31 July 1977, he was
honorably retired in the rank of master sergeant, pay grade E-8.  He had
completed
21 years, 6 months and 25 days of active military service.
5.  The applicant's DD Form 214 also shows that he was awarded the Bronze
Star Medal, Army Commendation Medal, Good Conduct Medal (GCMDL)
(1st-6th awards), National Defense Service Medal, Vietnam Service Medal
(VSM), Vietnam Gallantry Cross Unit Citation with Palm, Vietnam Campaign
Medal with 60 Device, Meritorious Unit Citation with 1 Oak Leaf Cluster and
the German Army Marksmanship Award.

6.  The applicant's certificate for award of the MSM shows he distinguished
himself by exceptionally meritorious service while assigned as a member of
he United States Army Security Agency.  While serving in a position of
great responsibility, he displayed exceptional qualities of leadership and
integrity in the execution of his duties.  His expertise in problem solving
and his ability to render decisions affecting the accomplishment of his
unit's mission were of the highest order.  Also noteworthy was his unique
application of tact and diplomacy to insure the smooth functioning of his
organization.  His professional competence, initiative and outstanding
achievements reflect utmost credit upon himself, this Agency and the United
States Army.  The bottom left side of the applicant's certificate is signed
by a Brigadier General, United States Army, USASA and dated 22 September
1975.  The evidence available shows that this particular brigadier general
commanded the USASA during the period in question.  The Secretary of the
Army signed the bottom right side of the applicant's certificate.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides in pertinent part
that:

      a.  The Meritorious Service Medal (MSM) was established by Executive
Order 11448, 16 January 1969, as amended by Executive Order 12312, 2 July
1981.  It is awarded to any member of the Armed Forces of the United
States, or to any member of the Armed Forces of a friendly foreign nation
who, while serving in a noncombat area after 16 January 1969, has
distinguished himself or herself by outstanding meritorious achievement or
service.

      b.  A bronze service star is awarded based on qualifying service for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized award of three bronze service stars to
be worn on his VSM to represent the campaigns in which he participated.
8.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  One OSB is authorized for each period of 6 months active Federal
service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28
March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as a whole months for credit toward the overseas
service bar.  The applicant is authorized award of two OSB's for his
service in Vietnam from 8 July 1967 to 20 June 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has presented a copy of a certificate signed by a
Brigadier General, USA, Commanding, USASA, showing that he was awarded the
MSM for meritorious service on 22 September 1975; this period of service
corresponds with the applicant's period of assignment in Augsburg Germany
and with the brigadier general's period of command.  Although award of the
MSM must be announced in orders and no orders are available in this case,
it would be appropriate, as an exception to policy, to authorize the MSM to
be shown on the applicant's DD Form 214.

2.  The applicant is also authorized award of two OSB's and three bronze
service stars to be worn on the VSM to represent his service from 8 July
1967 to 20 June 1968.

BOARD VOTE:

__jed___  __jrs___  __mjf___  GRANT 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 MSM, two OSB's
and three bronze service stars to be worn on the VSM



                 John E. Denning
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040001259                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050317                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0017                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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