RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040010927


      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. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:


|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, correction of his records to show
the Vietnam Combat Certificate and the Army Commendation Medal for the
period April 1969 through March 1970.

2.  The applicant does not provide a statement.

3.  The applicant provides a copy of a Vietnam Combat Certificate and a
copy of General Orders Number 2999, dated 28 February 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 October 2001, the date of his separation from active
duty.  The application submitted in this case is dated 22 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.  Records show the applicant enlisted in the Regular Army on 15 April
1968.  He was trained in, awarded and served in military occupational
specialty (MOS) 92G50 (Food Service Specialist) and the highest rank he
attained while serving on active duty was sergeant major/pay grade E-9.

4.  The applicant's DD Form 214 shows in item 13 (Decorations, Medals,
Badges, Citations, and Campaign Ribbons Awarded or Authorized) award of the
Army Commendation Medal (4th Award).

5.  The applicant's records contain the following orders:

      a.  Headquarters,1st Cavalry Division General Orders Number 2999,
dated 28 February 1970, awarded the applicant the Army Commendation Medal
for meritorious service for the period April 1969 through April 1970;

      b.  Headquarters, VII Corps Permanent Orders Number 115-15, dated
22 September 1978, awarded the applicant the Army Commendation Medal (First
Oak Leaf Cluster) for meritorious service for the period 26 August 1975
through 14 July 1978; and

      c.  Headquarters, 5th Infantry Division Permanent Orders Number 16-9,
dated 31 January 1980, awarded the applicant the Army Commendation Medal
(Second Oak Leaf Cluster) for meritorious service for the period 19
November 1979 through 7 December 1979.

6.  The applicant's records contain an Army Commendation Medal Certificate
which shows he was awarded the Army Commendation Medal for the period
1 January 1991 through 1 May 1995, based on 1st Infantry Division Permanent
Orders Number 115-00020 for meritorious service.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Army
Commendation Medal.

8.  Army Regulation 635-5 (Separation Documents) provides instructions for
the preparation of the DD Form 214.  It states, in pertinent part,
decorations, medals, citations, and campaign ribbons awarded and authorized
for all periods of service will be listed in the appropriate item of the DD
Form 214.  This regulation does not authorize the listing of certificates
of service or achievement and/or letters of commendation on the DD Form
214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show the
Vietnam Combat Certificate and the Army Commendation Medal for the period
April 1969 through March 1970.

2.  The governing regulation states certificates of service will not be
recorded on the DD Form 214.  Therefore, there is no basis for granting the
applicant's request to show the Vietnam Combat Certificate on his DD Form
214.






3.  The applicant's DD Form 214 shows the applicant was awarded the Army
Commendation Medal (4th award).  Orders contained in the applicant's
records show he is entitled to four Army Commendation Medals.  Therefore,
the applicant's records are correct as currently constituted and there is
no basis to support his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RLD_____  _JRM___  _SLP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.





                                      ___Shirley L. Powell______
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010927                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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