RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050002200


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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
award of the Army Commendation Medal with "V" Device and upgrade of the
award to a Bronze Star Medal with "V" Device.

2.  The applicant states, in effect, that he believes he should have been
given a higher precedent award for his actions in Vietnam on 28 April 1968;
specifically, the Bronze Star Medal with "V" Device.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and Headquarters, 173rd Airborne
Brigade (Vietnam), General Orders Number 1858, dated 8 July 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1986, the date of his retirement from the United
States Army.  The application submitted in this case is dated 25 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 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.  Military records show that the applicant enlisted in the U.S. Army
Reserve on 4 June 1956, achieved the rank of specialist/pay grade E-4, and
served until he was discharged under honorable conditions on 31 May 1964.
The applicant subsequently enlisted in the Regular Army on 18 October 1966.
 After completion of basic combat training, advanced individual training,
and airborne training, the applicant was awarded military occupational
specialty 12B (Combat Engineer).

4.  The applicant was assigned to the 173rd Engineer Company, 173rd
Airborne Brigade in Vietnam, where he served from 27 March 1968 until 26
March 1969.  He was later reclassified into MOS 00J (Club Manager) and
honorably retired from the U.S. Army after serving 20 years, 8 months, and
23 days on active duty.


5.  The applicant's military service records contain Headquarters, 173rd
Airborne Brigade (Vietnam), General Orders Number 1858, dated 8 July 1968,
which shows he was awarded the Army Commendation Medal with "V" Device for
heroism in connection with military operations against a hostile force on
28 April 1968.  The applicant's request for upgrade of the award to the
Bronze Star Medal with "V" Device is governed by Title 10, United States
Code, Section 1130.  Since the applicant has not exhausted his
administrative remedy, the ABCMR cannot take any further action at this
time on his request for award of the Bronze Star Medal with 'V" Device.
However, the applicant has been advised by separate correspondence of the
procedures for requesting award of the Bronze Star Medal with "V" Device
under the provisions of Section 1130.  As a result, the request for upgrade
and award of the Bronze Star Medal with "V" Device is not discussed further
in this Record of Proceedings.

6.  The applicant's DD Form 214 does not show that he was awarded the Army
Commendation Medal with "V" Device in Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) or in Item 18
(Remarks) under "Block #13 Con't".

7.  The applicant's military service record contains a copy of a DD Form
215 (Correction to DD Form 214, Certificate of Release or Discharge from
Active Duty), dated 26 January 2005.  This document shows that the colonel
serving as the U.S. Army Adjutant General at the National Archives and
Records Administration, corrected the applicant's DD Form 214 to read,
"Item 18.  Add:  Army Commendation Medal w/ "V" Device".

8.  A review of the applicant's record reveals that he may be entitled to
an additional award that is not shown on his DD Form 214.

9.  The applicant's record contains a copy of Headquarters, 8th Personnel
Command, Korea, Permanent Orders 163-16, dated 27 October 1986, which shows
he was awarded the Meritorious Service Medal (1st Oak Leaf Cluster), for
exceptionally meritorious service from 26 June 1966 to 31 October 1986.
The applicant's records also show that this order was subsequently amended
by Headquarters, United States Forces Korea, Orders 144-12, dated
1 December 1986, to correct the order to read "Meritorious Service Medal".





10.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States 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.  This regulation also provides, in
pertinent part, that the bronze “V” device indicates acts of heroism
involving conflict with an armed enemy and authorizes the bronze “V” device
in conjunction with awards of the Army Commendation Medal, the Air Medal,
and the Bronze Star Medal.

11.  Army Regulation 600-8-22 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 DD Form 214 should be corrected to show
award of the Army Commendation Medal with "V" Device because he received
the award while serving in Vietnam, but it is not on shown on his discharge
document that was issued at the time of his retirement from the U.S. Army
on
31 December 1986.

2.  Evidence of record shows that the applicant's DD Form 214 was corrected
to show award of the Army Commendation Medal with "V" Device on
26 January 2005.  Therefore, the applicant's discharge document is correct
and a copy of the DD Form 215 which corrected his DD Form 214 should be
provided to the applicant, along with these Board proceedings.

3.  Permanent Orders awarded the applicant the Meritorious Service Medal.
Therefore, it would be appropriate to correct his records to show this
award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 December 1989.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.


5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __LDS __  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  However, the Board directs that a
copy of the DD Form 215 which corrected the applicant's DD Form 214 be
provided to the applicant, along with these Board proceedings.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Meritorious Service Medal.




                                  _____M. K. Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002200                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19861231                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 12                  |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0020.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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