RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060006265


      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:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 December 1976 to
show award of the Meritorious Service Medal.

2.  The applicant states, in effect, that he was awarded the Meritorious
Service Medal on 30 December 1976.

3.  The applicant provides a copy of his DD Form 214 and an award
certificate for the Meritorious Service Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1976.  The application submitted in this case is
dated 26 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 18 April 1956.  He remained on active duty
through continuous reenlistments and served two tours in Vietnam.  During
his second tour in Vietnam, he was assigned to Company C, 2nd Battalion,
503rd Infantry from 28 September 1970 through 27 September 1971.  On 31
December 1976, he retired in the rank of staff sergeant.

4.  The applicant’s DD Form 214 for the period ending 31 December 1976
shows the National Defense Service Medal, the Good Conduct Medal (5th
Award), the Army Commendation Medal, the Vietnam Service Medal with one
silver service star and one bronze service star, the Republic of Vietnam
Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, six awards of the Overseas Service Bar, the Armed
Forces Expeditionary Medal (Dominican Republic), the Combat Infantryman
Badge, the Air Medal, the Purple Heart with First Oak Leaf Cluster, the
Parachutist Badge, and six service stripes as authorized awards.

5.  There are no orders for the Meritorious Service Medal in the
applicant’s service personnel records.  However, the applicant provided an
award certificate, dated 30 December 1976, for the Meritorious Service
Medal for exceptionally meritorious performance during the period 18 April
1956 to 31 December 1976.

6.  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 (2nd
Battalion, 503rd Infantry) is entitled to award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation based on Department of
the Army General Orders Number 5, dated 1973.

7.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s award certificate for the Meritorious Service Medal was
for a retirement award that was received one day before his retirement on
31 December 1976.  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
December 1976 to show award of the Meritorious Service Medal.

2.  The applicant's unit (2nd Battalion, 503rd Infantry) was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation while he was assigned to it.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 31 December 1976; therefore, the time for the
applicant to file a request for correction of any error expired on 30
December 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:

JM_____  _SP____  _DP_____  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 December 1976 to add the Meritorious Service Medal and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.



                            __John Meixell_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006265                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|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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