RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060005974


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 correction of his retirement DD Form 214 (Report
of Separation from Active Duty) for the period ending 31 August 1975 to
show the Meritorious Service Medal.

2.  The applicant states that this medal was left off of his DD Form 214.

3.  The applicant provides a letter, dated 14 October 1975, from the Chief,
Readiness Group Indiantown Gap Military Reservation, Annville, Pennsylvania
and an award certificate for the Meritorious Service Medal, dated 9 January
1976.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 January 1976.  The application submitted in this case is dated 3 April
2006.

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 enlisted on 21 February 1955.  He remained on active duty
through continuous reenlistments.  Records show he was assigned to the
177th Ordnance Detachment in Vietnam from 15 April 1966 through 14 April
1967.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) for the
period ending 20 July 1968 shows the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, and the Expert Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

5.  The applicant served a second tour in Vietnam and was assigned to the
632nd Heavy Equipment Maintenance Battalion from 15 October 1970 until
approximately June 1971.  He was then assigned to Headquarters and
Headquarters Detachment, 79th Maintenance Battalion in Vietnam from June
1971 through 1 October 1971.  On 31 August 1975, the applicant retired in
the rank of sergeant first class.

6.  The applicant’s DD Form 214 for the period ending 31 August 1975 shows
the National Defense Service Medal, the Republic of Vietnam Campaign Medal
with Device 1960, the Armed Forces Expeditionary Medal (Germany), the Army
Commendation Medal with First Oak Leaf Cluster, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Good Conduct Medal (6th
Award), and the Army of Occupation Medal as authorized awards.

7.  There are no orders for the Meritorious Service Medal in the
applicant’s service personnel records.  However, the applicant provided an
award certificate, dated 9 January 1976, for the Meritorious Service Medal
for outstanding meritorious service during the period February 1955 to
August 1975.

8.  Records show the applicant participated in four campaigns during his
assignments in Vietnam.

9.  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 the applicant's unit (Headquarters
and Headquarters Detachment, 79th Maintenance Battalion) is entitled to the
Meritorious Unit Commendation for actions during the period 30 May 1970 to
30 June 1971 based on Department of the Army General Orders Number 43,
dated 1972.  This unit is entitled to a second award of the Meritorious
Unit Commendation for actions during the period 1 July 1971 to 31 March
1972 based on Department of the Army General Orders Number 5, dated 1973.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s award certificate for the Meritorious Service Medal is
a retirement award which was received after his retirement on 31 August
1975.  Based on the foregoing, the award certificate for the Meritorious
Service Medal is accepted as sufficient evidence on which to amend the
applicant’s retirement DD Form 214 for the period ending 31 August 1975 to
show award of the Meritorious Service Medal.

2.  The applicant participated in four campaigns during his assignments in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The applicant’s unit (Headquarters and Headquarters Detachment, 79th
Maintenance Battalion) received two awards of the Meritorious Unit
Commendation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 9 January 1976; therefore, the time for the
applicant to file a request for correction of any error expired on 8
January 1979.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

CD____  _JP______  __RN____  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 amending his DD Form 214 for the
period ending
31 August 1975 to add the Meritorious Service Medal, the Vietnam Service
Medal with four bronze service stars, and two awards of the Meritorious
Unit Commendation.



                            ___Carmen Duncan_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005974                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0017                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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