RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040009937


      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. W. W. Osborn, Jr.             |     |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, in effect, that his Army Commendation Medal be
added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states he did not receive the medal for meritorious
service until after he returned home.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 June 1969.  The application submitted in this case is dated
3 November 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 enlisted on 21 June 1965 and completed training as a
cook.  He was posted to Vietnam on 23 June 1966 where he served with the
94th Supply and Service Company until 30 May 1967.  Following a year at
Fort Ord, California he returned to Vietnam where he served with Advisory
Team 53 from 13 June 1968 to 5 June 1969.

4.  Block 41 of his DA Form 20 (Enlisted Qualification Record) shows his
authorized awards as the National Defense Service Medal, the Vietnam
Service Medal and the Vietnam Campaign Medal with "1960" Device and the
Expert Qualification Badge with Rifle Bar.

5.  On 6 June 1969, the applicant was  honorably separated, in pay grade E-
5.  His DD Form 214 lists his awards as the National Defense Service Medal,
the Vietnam Service Medal and the Vietnam Campaign Medal with "1960"
Device.

6.  General Orders Number 5577, Headquarters Military Assistance Command,
Vietnam, dated 18 September 1969, awarded the applicant the Army
Commendation Medal for meritorious service.
7.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  The applicant served
during the following six designated campaign periods:  Vietnam
Counteroffensive, 25 December 1965-30 June 1966; Counteroffensive Phase II,
1 July 1966-31 May 1967; Counteroffensive Phase IV, 2 April 1968 – 30 June
1968; Counteroffensive Phase V, 1 July 1968 – 1 November 1968;
Counteroffensive Phase VI, 2 November 1968 – 22 February 1969; and Tet 69
Counteroffensive, 23 February 1969 – 8 June 1969.

8.  Department of the Army General Orders 8 of 1974 authorized the Republic
of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for Military
Assistance Command, Vietnam and all subordinate units.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal for meritorious
service after he had been separated from active duty.

2.  The applicant is also authorized the RVN Gallantry Cross with Palm Unit
Citation and the Expert Qualification Badge with Rifle Bar.

3.  He served during  six designated campaign periods and is authorized to
wear a silver and a bronze service star on the Vietnam Service Medal.

4.  The above awards should be shown on his DD Form 214.

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 that, in addition to the
awards currently shown on his DD Form 214, the applicant is also authorized
the Army Commendation Medal, the RVN Gallantry Cross with Palm Unit
Citation, the Expert Qualification Badge with Rifle Bar and a silver and a
bronze service star for wear on the Vietnam Service Medal.


                            _    Margaret K. Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009937                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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