RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            25 MAY 2006
      DOCKET NUMBER:   AR20050013559


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Blakely               |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 that his award of the Meritorious Service Medal
(MSM) be added to his report of separation (DD Form 214).

2.  The applicant states, in effect, that he was awarded the MSM on 5
January 1981 and his records were being processed for retirement at the
time and it was omitted from his DD Form 214.

3.  The applicant provides a copy of the MSM Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1981.  The application submitted in this case is
dated 6 September 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.  He enlisted on 5 January 1959 and remained on active duty through a
series of continuous reenlistments.  He was promoted to the pay grade of E-
7 on 8 March 1971 and on 13 July 1977, he was assigned to the United States
Army Recruiting Command (USAREC), Fort Sheridan, Illinois, for duty as a
supply noncommissioned officer (NCO).  He was promoted to the pay grade of
E-8 on 31 December 1978.

4.  On 10 April 1980, the applicant submitted an Application for Voluntary
Retirement in lieu of a permanent change of station (PCS).  He requested to
be placed on the Retired List effective 1 February 1981.

5.  His request was approved and on 31 January 1981, he was honorably
released from active duty (REFRAD) and was placed on the Retired List in
the pay grade of E-8, effective 1 February 1981.  He had served 22 years
and 26 days of total active service and his DD Form 214 issued at the time
of his REFRAD indicates that he was awarded the Bronze Star Medal, the
Joint Service Commendation Medal, the Army Commendation Medal with one oak
leaf cluster, the Good Conduct Medal (7th Award), the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, and the Vietnam Gallantry Cross with Palm Unit Citation.  There is
no indication that he was awarded the MSM, nor are there any orders
awarding him the MSM in his records.

6.  A review of his official records shows that while assigned to the
USAREC he received maximum evaluation as a Logistics NCO in the Supply and
Service Division, Logistics Directorate of the USAREC.  His last evaluation
was in a sergeant major position and his indorser commented that his
pending retirement would be a tremendous loss to the Army logistics force.


7.  The copy of the MSM citation provided by the applicant with his
application indicates that he was awarded the MSM for meritorious service
as NCO of the Supply Branch, Logistics Directorate, USAREC, during the
period July 1977 through January 1981.  The award was approved on 5 January
1981 and was signed by the appropriate commanding general at the time.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has not provided orders to substantiate the
award of the MSM, it is not uncommon for such awards to be made at the end
of a tour or on retirement.

2.  The available records do not show a retirement or end of tour award;
therefore, it is reasonable to presume that the award of the MSM served
both as his end of tour and retirement award.

3.  Inasmuch as he was processing for retirement, it is also reasonable
that the MSM was not made available to the separation transfer point in
time for it to be added to his DD Form 214.

4.  Accordingly, it would be in the interest of justice at this time to
correct his DD Form 214 to reflect the award of the MSM.







BOARD VOTE:

___WB__  ___RO __  ___JP___  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 that he was awarded the MSM.





                            ______William Blakely_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013559                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060525                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19810201                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 12                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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