RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050000436


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 military service records be
corrected to show award of the Meritorious Service Medal for service during
the period from May 1967 to June 1969.

2.  The applicant states, in effect, that when he requested information
about his Meritorious Service Medal he was informed by the National
Personnel Records Center, St. Louis, Missouri, that his records did not
reflect that he was authorized the award.  The applicant further states
that he does not know why the two certificates for award of the Meritorious
Service Medal have different dates that it was awarded.

3.  The applicant provides a copy of:

      a.  a Certificate for the Award of the Meritorious Service Medal for
the period from May 1967 to June 1969 awarded on 17 November 1969.  The
certificate was authenticated by General James H. Polk, Commander in Chief,
United States Army, Europe (USAREUR) and Mr. Stanley R. Resor, Secretary of
the Army; and

      b.  a Certificate for the Award of the Meritorious Service Medal for
the period from May 1967 to June 1969 awarded on 13 July 1970.  The
certificate was authenticated by General James H. Polk, Commander in Chief,
United States Army, Europe (USAREUR) and Mr. Stanley R. Resor, Secretary of
the Army.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 2 July 1969, the date of his discharge.  The application submitted in
this case is dated 24 December 2004 and was received on 5 January 2005.

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 military records show that he enlisted on 22 June 1960
for a period of 3 years.  He was released from active duty on 14 June 1963
as an early release overseas returnee.  He had completed 2 years, 11 months
and 23 days of active service that was characterized as honorable.

4.  On 11 July 1963, the applicant enlisted again for a period of 6 years.


5.  The applicant was assigned to the United States Army Claims Office,
Germany during the period from 15 May 1967 to 26 June 1969.

6.  On 2 July 1969, the applicant was discharged as an early release
overseas returnee.  He had completed 5 years, 11 months, and 22 days of
active service that was characterized as honorable.  The highest grade held
by the applicant was specialist six/pay grade E-6.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) with an
effective date of 2 July 1969 does not contain an entry for the Meritorious
Service Medal.

8.  There are no orders awarding the applicant the Meritorious Service
Medal.

9.  General James H. Polk was the Commander in Chief, USAREUR during the
period from 1 June 1967 to 20 March 1971.

10.  Mr. Stanley R. Resor was the Secretary of the Army during the period
from
2 July 1965 to 20 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be
corrected to show award of the Meritorious Service Medal for service during
the period from May 1967 to June 1969.

2.  Although the applicant provided two certificates, it is clear, based on
the dates of service indicated, that only one award of the Meritorious
Service Medal was intended.

3.  The applicant served in Germany during the period indicated on the
award.

4.  The certificates were signed by the appropriate commander, serving as
USAREUR at the time, and the Secretary of the Army, appointed at the time.
5.  Based on the preponderance of the evidence in this case, it is
appropriate to accept a copy of the certificate as authentication of
entitlement to the Meritorious Service Medal.  Therefore, in the interest
of justice, it is appropriate to correct the applicant's military records
to show one award of the Meritorious Service Medal for service during the
period from May 1967 to June 1969.

BOARD VOTE:

____jea__  ___jam__  ____lmd_  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 for the period from May 1967 to June 1969.





                            _______James E. Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000436                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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