RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 December 2004
      DOCKET NUMBER:  AR2004103802


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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 DD Form 214 (Armed
Forces of the United States (US) Report of Transfer or Discharge) to show
award of the Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that his DD Form 214 does not show
award of the ARCOM and that he was never issued the ARCOM.

3.  The applicant provides in support of his request a certificate and
citation for award of the ARCOM and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
19 July 1967.  The application submitted in this case is dated 4 February
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.  On 20 July 1964, the applicant enlisted in the Regular Army.  He served
in military occupational specialty (MOS) 11F (Infantry Operations and
Intelligence Specialist).  He was assigned to Vietnam from 11 May 1965 to 5
May 1966 with the U.S. Military Assistance Command.  He served during the
Vietnam Defense and Vietnam Counteroffensive campaigns.

4.  The applicant was honorably released from active duty and transferred
to the Unites States Army Reserve on 19 July 1967.  His DD Form 214 shows
that he was awarded the National Defense Service Medal, Vietnam Service
Medal (VSM), Vietnam Campaign Medal with Device 60, Overseas Service Bar,
Sharpshooter Marksmanship Qualification Badge (Rifle) and the Expert
Marksmanship Qualification Badge (Machinegun).  The applicant's DD Form 214
does not show the ARCOM as an authorized award.

5.  The applicant's certificate and citation for award of the ARCOM shows
he distinguished himself by exceptionally meritorious service in support of
U.S. objectives in support of counterinsurgency efforts in Vietnam during
the period from May 1965 to May 1966 while assigned to the US Military
Assistance Command.  His certificate is signed by General W.C. Westmoreland
and dated 17 May 1966.  General Westmoreland commanded the US Army Military
Assistance Command during this period.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.

      a.  The ARCOM may be awarded to any member of the Armed Forces of the
U.S. who, while serving in any capacity with the Army after 6 December
1941, distinguished himself or herself by heroism, meritorious achievement
or meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.  It provides that:

      b.  A bronze service star is authorized based on qualifying service
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized two bronze service stars to be worn on
his VSM to represent the campaigns in which he participated from 11 May
1965 to 5 May 1966.

      c.  One overseas service bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in Vietnam
from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month
of departure from Vietnam are counted as whole months for credit toward the
overseas service bar.

7.  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 the unit to which the applicant
was assigned was cited for award of the Meritorious Unit Commendation (MUC)
for the period
8 March 1965 to 31 August 1967 by Department of the Army General Order
(DAGO) Number 10, dated 1968.  His unit was also cited for award of the
Vietnam Gallantry Cross Unit Citation with Palm for the period 8 February
1962 to 28 March 1973 by DAGO Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:

1.  The applicant has presented a copy of a certificate signed by General
W.C. Westmorland, Commanding General, US Army, showing that he was awarded
the ARCOM for meritorious service from May 1965 to May 1966; this period of
service corresponds with the applicant's period of assignment in Vietnam.
Although award of the ARCOM must be announced in orders and no orders are
available in this case, it would be appropriate, as an exception to policy,
to authorize the ARCOM to be shown on the applicant's DD Form 214.

2.  The applicant is also authorized correction of his DD Form 214 to show
he was awarded the MUC for the period of service from 8 March 1965 to 31
August 1967, Vietnam Gallantry Cross Unit Citation with Palm for his period
of service from 11 May 1965 to 5 May 1966 and two bronze service stars for
wear on the VSM.

BOARD VOTE:

__fe____  __pms___  __ses___  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 showing award of the ARCOM, two bronze
service stars, MUC and the Vietnam Gallantry Cross Unit Citation with Palm.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103802                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0034                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |






                                    INDEX

|CASE ID                 |AR2004103802                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR635-200                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0034                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |







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