RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 April 2005
      DOCKET NUMBER:  AR20040003512


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Lawrence Foster               |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Army Commendation Medal (ARCOM).

2.  The applicant states that he was awarded the ARCOM on 1 November 1968
for meritorious service while serving in Vietnam.

3.  The applicant provides in support of his request a copy of a
Certificate for award of the ARCOM, dated 1 November 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
18 November 1968.  The application submitted in this case is dated 1 June
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 10 March 1967, the applicant was inducted into the Army of the
United States.  He served in military occupational specialty (MOS) 11B
(Light Weapons Infantryman).  He served in Vietnam from 19 November 1967 to
18 November 1968 with the 33rd Infantry, 4th Infantry Division (Scout Dog
Platoon).  He served in Vietnam during four campaigns – Vietnam
Counteroffensive, Phase III; Tet Counteroffensive; Vietnam
Counteroffensive, Phase IV; and Vietnam Counteroffensive, Phase V.

4.  On 18 November 1968, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.  His DD Form 214
shows he was awarded the Purple Heart, National Defense Service Medal,
Vietnam Service Medal (VSM), Vietnam Campaign Medal, Combat Infantryman
Badge, and two Overseas Service Bars.  His DD 214 does not show the ARCOM
as an authorized award.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he is
also authorized award of the Expert Marksman Marksmanship Qualification
Badge (M-16 Rifle).
6.  The certificate provided by the applicant for award of the ARCOM shows
he was awarded the ARCOM for meritorious service in the Republic of Vietnam
during the period of service from November 1967 to November 1968.  On the
bottom left the certificate is authenticated by a Major General, United
States Army, Commanding and on the bottom right the certificate is
authenticated by the Secretary of the Army.

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



      a.  The ARCOM may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

      b.  A bronze service star is authorized 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 four bronze service stars for
wear on his VSM to represent his service from 19 November 1967 to 18
November 1968.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned was cited for award of the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for the period 20 July 1965 to 28 March 1973 by
Department of the Army General Orders (DAGO) Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to the 4th Infantry and serving in Vietnam
during the time frame cited on the ARCOM Certificate and the general
officer authenticating the certificate was the approval authority for 4th
Infantry during the time frame cited. In light of the above, and the
absence of orders awarding the applicant the ARCOM, the Certificate dated 1
November 1968 is accepted as sufficient evidence to support correcting the
applicant's DD Form 214 to show award of the ARCOM.

2.  The available evidence also supports correcting the applicant's DD Form
214 to show award of:

      a.  Four bronze service stars to be worn on the VSM to represent the
applicant's service from 19 November 1967 to 18 November 1968;


      b.  The Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and


      c.  The Expert Marksman Marksmanship Qualification Badge (M-16 Rifle).


BOARD VOTE:

___mhm__  __kah___  __lf____  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 ARCOM, four
bronze service stars to be worn on the VSM, Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and the Expert Marksman Marksmanship
Qualification Badge
(M-16 Rifle).


                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003512                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]