RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          12 April 2005
      DOCKET NUMBER:  AR20040002616


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |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 record be corrected to show award of
the Good Conduct Medal (GCMDL).

2.  The applicant states, in effect, that he is very active member of the
local chapter of Veterans of Foreign Wars.  The majority of the members who
are in his chapter and who served under conditions similar to him and with
a record that is similar to his received the GCMDL.  He also states that
the members of his chapter wear their medals on their uniforms and hold the
Armed Forces in high esteem.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 August 1955.  The application submitted in this case is
dated 28 May 2004.

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.  The applicant's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein was
obtained from a reconstructed record and is limited to his separations
documents.  The applicant's DD Form 214 shows that on 9 September 1953, he
was inducted into the Army of the United States.  He served in military
occupational specialty (MOS) 112.70 (Heavy Weapons Infantryman).  His most
significant duty assignment was with Company H, 32nd Infantry, 7th Infantry
Division.

4.  On 19 August 1955, the applicant was honorably released from active
duty at Fort Buchanan, Puerto Rico and transferred to the United States
Army Reserve.  His DD Form 214 shows that he completed 1 year, 11 months
and 11 days of active military service of which 1 year, 4 months and 15
days are Foreign Service.  He has no recorded lost time.  His DD Form 214
also shows that he was awarded the National Defense Service Medal, United
Nations Service Medal and the Korean Service Medal.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides that the GCMDL 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 GCMDL,
disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Although disqualification for award of the GCMDL must be justified, in
the absence of evidence, the Board presumes regularity in the applicant's
not receiving the GCMDL.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 August 1955; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
8 August 1958.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__js____  __slp___  __cg____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  John Slone
            ______________________
                    CHAIRPERSON



AQ

                                    INDEX

|CASE ID                 |AR20040002616                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050412                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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