RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050014894


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn, II          |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show award of the
Meritorious Service Medal (MSM) and Army Commendation Medal (ARCOM) (First
Oak Leaf Cluster).

2.  The applicant states that his MSM and ARCOM were not included with his
awards and decorations on his DD Form 214.

3.  The applicant provides:

      a.  a copy of his DD Form 214;

      b.  a copy of Headquarters, U.S. Army Intelligence and Security
Command Permanent Order for the award of the ARCOM (First Oak Leaf
Cluster); and

      c.  a copy of Headquarters, U.S. Army Training and Doctrine Command
Permanent Order for the award of the MSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 28 February 1981, the date of his discharge from active duty.  The
application submitted in this case is dated 3 October 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 records show that he entered active duty on 17 January
1961. He completed basic combat training and advanced individual training
and was awarded military occupational specialty 71L10 (Clerk Typist).

4.  On 19 November 1963, the applicant reenlisted and then attended
advanced individual training for 05H20 (Morse Interceptor).  He served a
tour in the Republic of Vietnam during the period 6 April 1970 to 7
February 1971.  He was honorably discharged on 28 February 1981, after
serving 20 years, 1 month, and 14 days of active service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show
the awards National Defense Service Medal, Vietnam Service Medal, Republic
of Vietnam Campaign Medal, Meritorious Unit Commendation, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal,
Bronze Star Medal, Army Good Conduct Medal (6th Award), and Overseas
Service Bars (2).

6.  Item 9 (Awards, Decorations, and Campaigns) of the DA Form 2-1
(Personnel Qualification Records) shows the award of the ARCOM (First Oak
Leaf Cluster) and the following campaigns: Vietnam Winter-Spring 1970, DA
Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

7.  Headquarters, U.S. Army Intelligence and Security Command, Permanent
Order Number 35-1, dated 12 June 1978, awarded the applicant the ARCOM
(First Oak Leaf Cluster).

8.  Headquarters, U.S. Army Training and Doctrine Command Permanent Order
Number 9-19, dated 2 February 1981, awarded the applicant the MSM.

9.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) states, in
pertinent part, that a bronze service star will be awarded for wear on the
Vietnam Service Medal for each campaign credited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his record be corrected to show awards of
the MSM and ARCOM (First Oak Leaf Cluster).

2.  Orders show that the applicant was awarded the ARCOM (First Oak Leaf
Cluster).  Therefore, the applicant is entitled to correction of his
records to show this award.

3.  Orders show that the applicant was awarded the MSM.  Therefore, the
applicant is entitled to correction of his records to show this award.

4.  Evidence of records show that the applicant was awarded the Vietnam
Service Medal and participated in three campaigns during his service in the
Republic of Vietnam.  Therefore, he is entitled to three bronze service
stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1981; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 February 1984.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the relief being granted in this case.

BOARD VOTE:

___jmm__  ____nh__  ____rjo__  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 the awards of the MSM, ARCOM
(First Oak Leaf Cluster), and three bronze service stars to be affixed to
his Vietnam Service Medal.




                            _________Robert J. Osborn, II_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014894                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060713                                |
|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.                      |                                        |


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