RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 APRIL 2004
      DOCKET NUMBER:   AR2003098888


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 records be corrected to reflect award
of the Army Commendation Medal.

2.  The applicant states the award was omitted from his separation
document.

3.  The applicant provides a copy of the award certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
13 January 1978.  The application submitted in this case is dated 20
September 2003.

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 limitation 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.  Records available to the Board indicate that the applicant entered
active duty on 14 January 1975.  He successfully completed basic and
advanced individual training and in May 1975 he was assigned to Fort Bragg,
North Carolina as an electrician.

4.  In October 1975 the applicant was reassigned to the 548th Engineer
Battalion at Fort Bragg and in February 1976 deployed with that
organization to Guatemala as part of the "humanitarian efforts performed in
the earthquake-devastated country…."  For its humanitarian efforts, the
unit was awarded the Humanitarian Service Medal.  The applicant's
participation in the humanitarian effort was confirmed in a memorandum of
commendation addressed to him.  The award, however, was not reflected on
his separation document.

5.  By September 1976 the applicant was promoted to pay grade E-4 and in
November 1976 he was awarded the Army Commendation Medal for meritorious
achievement during the period 23 February 1976 to 3 May 1976.  The 20th
Engineer Brigade published orders confirming the award.  The award,
however, was omitted from his separation document.

6.  On 13 January 1978, upon completion of his enlistment contract, he was
released from active duty with an honorable characterization of service.
He was fully qualified for reenlistment at the time of his separation and
his performance evaluation reports were all commendable.

7.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Army Good
Conduct Medal, disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.  There is no evidence
in the applicant's Official military personnel file that his commander ever
disqualified him for award of the Army Good Conduct Medal.  There is also
no evidence of any misconduct or disciplinary actions in the applicant's
file.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Army
Commendation Medal.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant was a member of the 548th
Engineer Battalion and participated in humanitarian efforts following an
earthquake in Guatemala.  As a result of the applicant's participation he
is entitled to the Humanitarian Service Medal which was awarded to the unit
for the operation.

3. The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 13 January 1978.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view the
foregoing, it can be concluded that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 14 January 1975 through
13 January 1978.

BOARD VOTE:

__FE    __  __PHM  _  __MJNT_  GRANT 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:

      a.  showing he was awarded the Army Commendation Medal;


      b.  showing he is entitled to a Humanitarian Service Medal; and


      c.  awarding him the Army Good Conduct Medal for the period 14 January
1975 to 13 January 1978.





            _____Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003098888                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040427                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |