RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040009585


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |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 correction of his DD Form 214 (Report of
Separation from Active Duty) to show award of the Meritorious Service
Medal.

2.  The applicant states that he was issued the Meritorious Service Medal
after he retired on 31 May 1977.  He further states that he received a
certificate in the mail, without a medal or orders.  The certificate was
signed by the Secretary of the Army at that time and was authorized by
Presidential executive order.

3.  The applicant provides an award certificate for the Meritorious Service
Medal and a letter from the National Personnel Records Center in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1977.  The application submitted in this case is dated
25 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 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 was appointed as a second lieutenant in the U.S. Army
Reserve on 1 November 1966.  He served on active duty until 31 October 1968
and voluntarily requested an indefinite extension on active duty.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he
served in Turkey from 9 December 1966 through 5 December 1967, Vietnam from
17 January 1969 through 16 January 1970, and Germany from 4 May 1971
through 26 July 1974.

5.  The applicant continued to serve on active duty until he was released
from active duty service on 31 May 1977 and placed on the retired list.

6.  The applicant’s DA Form 214 shows he was awarded the following medals:
Bronze Star Medal; Army Commendation Medal with “V” Device and Oak Leaf
Cluster; Air Medal with “V” Device & Numeral 6; the Good Conduct Medal with
Bronze Clasp; National Defense Service Medal; Master Parachutist Badge;
Republic of Vietnam Campaign Medal; and the Vietnam Service Medal with four
bronze service stars.  The Meritorious Service Medal is not among awards
listed.

7.  There are no orders in the available records authorizing award of the
Meritorious Service Medal

8.  The applicant provided an award certificate dated 10 June 1977.  This
document shows the applicant was awarded the Meritorious Service Medal for
exceptionally meritorious service for the period 3 September 1974 through
31 May 1977.

9.  The signatures on the award certificate provided by the applicant
appear to be authentic.  Records confirm that the Secretary of the Army
shown on the certificate provided by the applicant is correct for that time-
frame.  The Major General authorizing the award commanded the 2nd Armored
Division at
Fort Hood, Texas in 1977 as shown on the award certificate.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Meritorious Service Medal 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.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his award of the Meritorious Service Medal
was  processed after his retirement and is not shown on his DD Form 214.

2.  The applicant provided a certificate showing he was awarded the
Meritorious Service Medal for his exceptional meritorious performance of
duty for the period 3 September 1974 through 31 May 1977.

3.  It is believed that the award certificate provided by the applicant
contains the authentic signatures of the Secretary of the Army and
commanding general of the 2nd Armored Division at Fort Hood, Texas.

4.  Although the applicant’s records are void of orders for the Meritorious
Service Medal, it is conceivable to believe the applicant would have been
granted this award by his chain of command based upon his rank, level of
responsibility and the successful completion of a military assignment and
career.  Therefore, the applicant’s records should be corrected to show
award of the Meritorious Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1977, therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1980.  However, it would be in the interest of justice to
excuse failure to timely file in this case.

BOARD VOTE:

__MKP  _  __REB __  __LMB       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 Meritorious
Service Medal.





                                  ___Margaret K. Patterson___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009585                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0017                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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