RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20050018295


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 the award of
the Meritorious Service Medal (MSM) with Second Oak Leaf Cluster (in
effect, a third award of the MSM), the Joint Service Achievement Medal and
a second award of the Meritorious Unit Commendation.

2.  The applicant states he was awarded the MSM (Second Oak Leaf Cluster)
by Permanent Orders Number 28-14, dated 15 February 1980, but it is not
shown on his DD Form 214.  He also states that he would like the award of a
second Meritorious Unit Commendation (MUC), as shown on his DA Form 20
(Personnel Qualification Record), added to his DD Form 214, and as a result
of his duty with the Joint Custom Group, Saigon Detachment First Sergeant,
the award of the Joint Service Ribbon or Joint Service Achievement Medal
should have been appropriate.

3.  The applicant provides a copy of orders and certificate awarding him
the Meritorious Service Medal (Second Oak Leaf Cluster); a copy of his DD
Form 214; and a copy of his DA Form 20.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 February 1980.  The application submitted in this case
is dated 16 December 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 Board noted the applicant’s request for award of the Joint Service
Achievement Medal.  The applicant's DD Form 214 does not list the Joint
Service Achievement Medal as an authorized award.  There is no evidence
that he was awarded or was recommended for award of the Joint Service
Achievement Medal.  The applicant is advised that this Board has no
authority to award Joint service awards and he should submit his request to
the Personnel and Security
Directorate, Attn: Military Personnel Division (Awards), Washington
Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301.  As a
result, award of the Joint Service Achievement Medal requested by the
applicant is not discussed further in these proceedings.

4.  The applicant initially enlisted in the Regular Army for 5 years on 18
July 1958.  He was honorably discharged on 29 February 1980 by reason of
required service for retirement.  During his military service, he served in
the Republic of Vietnam on two occasions.  From August 1965 to August 1966,
he served with the 504th Military Police Battalion, and from August 1970 to
June 1971, he served with Headquarters, Military Assistance Command Vietnam
(MACV) in the Provost Marshal's Office and in the Joint Customs Group
Saigon.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 shows award of the MSM with Oak
Leaf Cluster (i.e., the second award) and one award of the MUC.

6.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
20 does not show award of the MSM (Second Oak Leaf Cluster); however, it
does show two awards of the MUC.

7.  The applicant provided a copy of Permanent Orders Number 28-14,
Headquarters, US Army Air Defense Center and Fort Bliss, Fort Bliss, Texas,
dated 15 February 1980, awarding him the MSM with Second Oak Leaf Cluster
(i.e., a 3rd award) for meritorious service.  The award was for the period
11 July 1975 to 29 February 1980.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the MSM 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 recommendation, approval through the chain of
command, and announcement in orders is required.

9.  Army Regulation 600-8-22 also states, in pertinent part, a bronze oak
leaf cluster is awarded to denote the second and succeeding awards of a
certain decorations, among which is the MSM.

10.  Army Regulation 600-8-22 states, in pertinent part, the Meritorious
Unit Commendation (MUC) is awarded to units for exceptionally meritorious
conduct in performance of outstanding services for at least 6 continuous
months during a
period of military operations against an armed enemy on or after January 1,
1944.  Although service in a combat zone is not required, the unit's
accomplishments must be directly related to the larger combat effort.

11.  The applicant provided a copy of his DA Form 20 showing two entries
for the MUC.

12.  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 that the 504th Military Police
Battalion was awarded the MUC for the period September 1965 to July 1966 by
Department of the Army General Order Number 30, dated 1968.  This document
does not indicate that Headquarters, MACV was awarded the MUC during the
applicant's tenure with that unit in 1970-71.

13.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

14.  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
indicating campaign credit.  His records indicate he participated in the
Vietnam Defense Campaign, Vietnam Counteroffensive, Vietnam
Counteroffensive Phase II, Vietnam Counteroffensive Phase VII, and
Consolidation I.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in five campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign and that a
silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Meritorious
Service Medal (Second Oak Leaf Cluster) and the Meritorious Unit
Commendation (2nd Award).

2.  Permanent Orders show the applicant was awarded the Meritorious Service
Medal (Second Oak Leaf Cluster).  Therefore, he is entitled to correction
of his records to show this award.

3.  Records show that the applicant participated in five campaigns during
his service in Vietnam.  Therefore, he is eligible for award of the silver
service star to be affixed to his Vietnam Service Medal.
4.  There are no general orders or evidence that shows the unit the
applicant was serving with in Vietnam during his second tour of duty was
cited for the Meritorious Unit Commendation.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 February 1980; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 February 1983.  Although the applicant did not file
within the ABCMR's statue of limitations, it is appropriate to waive
failure to timely file based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__slp___  __rml___  __jgh___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 (Second Oak Leaf Cluster), and a silver service
star for wear on his already awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the award of the Meritorious Unit Commendation (2nd Award).




                            Shirley L. Powell
                            ______________________
                                  CHAIRPERSON














                                    INDEX

|CASE ID                 |AR20050018295                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0017                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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