RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 April 2005
      DOCKET NUMBER:  AR20040006253


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Linda M. Barker               |     |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 amended to add the Meritorious
Service Medal (MSM).

2.  The applicant states that he was already retired when he was awarded
the MSM.  Colonel K___ flew from Fort Huachuca, AZ to his home to award him
the MSM four months after his retirement.  The medal was still so new that
Colonel K___ only had the ribbon and certificate to award.  He would really
like the medal.

3.  The applicant provides two photographs and his MSM certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    18 August 1969.  The application submitted in this case is
dated 18 August 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.  The applicant entered active duty as a second lieutenant on 15 August
1961.  He arrived in Vietnam and was assigned to the 1st Battalion, 27th
Infantry, 25th Infantry Division on 22 October 1967.  He was wounded in
action on 28 October 1967.  He was medically evacuated from Vietnam on 8
November 1967 after having participated in one campaign.  He was returned
to duty and assigned to Fort Huachuca, AZ.

4.  The applicant underwent Physical Evaluation Board proceedings as a
result of residuals from his injuries and was released from active duty on
18 August 1969 by reason of physical disability.  His DD Form 214 shows he
was awarded the Parachutist Badge, the Ranger Tab, the Senior Parachutist
Badge, the National Defense Service Medal, the Army Commendation Medal, the
Vietnam Service Medal, the Combat Infantryman Badge, the Bronze Star Medal
with "V" device, the Purple Heart, the Expert Infantryman Badge, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant provided an MSM certificate, dated 18 November 1969, for
meritorious service with the U. S. Army Combat Surveillance and Electronic
Warfare School/Training Center, Fort Huachuca, AZ during the period 26 July
1968 to 18 August 1969, signed by Major General L___, commanding.

6.  Army Regulation 600-8-22 (Military Awards) states that the MSM was
established on 16 January 1969 and is awarded to members of the Armed
Forces of the United States or of a friendly foreign nation who distinguish
themselves by outstanding meritorious achievement or service in a noncombat
area.

7.  Army Regulation 600-8-22 provides for the wear of one bronze service
star on the appropriate service medal for each campaign participation
credit.

8.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 through 28
March 1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.

9.  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 that, at the time of the
applicant's assignment to the 1st Battalion, 27th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 January 1966 through 21 January 1970 by
Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The Board accepts the MSM certificate provided by the applicant as
sufficient evidence to show he was awarded the MSM.

2.  The applicant also met the eligibility criteria for award of the
Republic of Vietnam Campaign Medal with device 1960 and for wear of one
bronze service star on the Vietnam Service Medal.  He was also assigned to
a unit during a period of time that unit was awarded the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards
and the MSM should be added to his DD Form 214.

BOARD VOTE:

__jea___  __ena___  __lmb___  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 the DD Form 214 of the individual
concerned be corrected by showing he was awarded the Meritorious Service
Medal, the Republic of Vietnam Campaign Medal with device 1960, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
that he is authorized to wear of one bronze service star on the Vietnam
Service Medal and that he be issued, if available, these awards.




            ___James E. Anderholm_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006253                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050407                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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