RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 July 2005
      DOCKET NUMBER:  AR20040008727


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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, that the Legion of Merit (LOM) he
was awarded on 19 July 1979 be added to his separation document (DD Form
214).

2.  The applicant states, in effect, he received the LOM as a retirement
award.  However, he never received orders and it was not added to his
separation document.

3.  The applicant provides a copy of his separation document (DD Form 214)
and a LOM certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 31 August 1979.  The application submitted in this case is
dated
8 October 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 limitations 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’s record shows that on 31 August 1979, he was honorably
separated for the purpose of retirement.  The DD Form 214 issued to him at
this time shows he completed a total 27 years, 2 months and 28 days of
active military service, and that he held the rank of sergeant major (SGM).


4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in
Item 9 (Awards and Decorations), that the applicant earned the following
awards during his active duty tenure:  Korean Service Medal (KSM), United
Nations Service Medal (UNSM), Combat Medical Badge (CMB) 2nd Award,
National Defense Service Medal (NDSM) 2nd Award, Vietnam Service Medal
(VSM), Republic of Vietnam Campaign Medal (RVNCM), Air Medal (AM), Aircraft
Crewmember Badge (ACB), Bronze Star Medal (BSM), Purple Heart (PH) 1st Oak
Leaf Cluster, Presidential Unit Citation (PUC), Meritorious Unit
Commendation (MUC) 2nd Award, Meritorious Service Medal (MSM), Army Good
Conduct Medal (9th Award), and Army Commendation Medal (ARCOM).
5.  Item 9 of the applicant’s DA Form 2-1 also shows he was credited with
participating in three campaigns in Korea, four campaigns in Vietnam, and
that he earned the Expert Qualification Badge with Rifle Bar.

6.  Item 13 of the applicant’s DD Form 214 shows he earned the following
awards during his tenure on active duty:  KSM, UNSM, VSM, RVNCM, Republic
of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, AM, ACB, BSM,
NDSM (2nd Award), PH 1st Oak Leaf Cluster, CMB (2nd Award), PUC,
MUC 2nd Award, MSM, AGCM (9th Award) and ARCOM.

7.  The applicant provides a copy of a LOM certificate, dated 19 July 1979,
which was signed by the commanding general, United States Army Health
Services Command.  This certificate shows the applicant was awarded the LOM
for his exceptionally meritorious service between 1 September 1969 and 31
August 1979.

DISCUSSION AND CONCLUSIONS:

1.  The LOM award certificate provided by the applicant is obviously a
retirement award, and its validity is sufficiently corroborated by
information on file in his OMPF to support granting the requested relief.
The record shows he was awarded the LOM for exceptionally meritorious
service from 1 September 1969 through 31 August 1979.  This award was
approved and signed by the commanding general, United States Army Health
Services Command on 19 July 1979, and it appears it was not received by out-
processing personnel in sufficient time to be added to his final separation
document.  Therefore, it would be appropriate to add it to his DD Form 214
at this time.

2.  The evidence of record also confirms the applicant’s entitlement to the
PUC, MUC 2nd Award and Expert Qualification Badge with Rifle Bar.  However,
these awards and decorations were also not included in his final DD Form
214.  Thus, it would also be appropriate to add them to his DD Form 214 at
this time.
BOARD VOTE:

___WDP_  ___LCB_  ___JBG _  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 amending Item 13 of his 31 August 1979
DD Form 214 by deleting the current list of awards and replacing it with
the following list:  Legion of Merit, Bronze Star Medal, Purple Heart 1st
Oak Leaf Cluster, Meritorious Service Medal, Air Medal, Army Commendation
Medal, Army Good Conduct Medal (9th Award), National Defense Service Medal
(2nd Award), Presidential Unit Citation, Meritorious Unit Commendation (2nd
Award), Korean Service Medal with 3 bronze service stars, United Nations
Service Medal, Vietnam Service Medal with 4 bronze service stars, Republic
of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Aircraft Crewmember Badge,  Combat Medical
Badge
(2nd Award) and Expert Qualification Badge with Rifle Bar; and by providing
him a corrected separation document that reflects this change.




            ____William D. Powers __
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008727                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1979/08/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.  2110                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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