RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040004254


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |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 award of the Army Good Conduct Medal.

2.  The applicant states that he served a tour of duty in Panama.  He
returned home because of the illness of his grandfather, and received a
compassionate reassignment.  During one of the times that he was home, he
became very sick, and went to the emergency room in a hospital in Wilkes-
Barre, Pennsylvania.  He had kidney stones and was admitted to the
hospital.  He notified Tobyhanna Army Depot and was informed that they
would pick him up on the morning report. After the kidney stone had passed,
the doctor gave him a note to stay in the area for a few more days.  He
thought that he was allowed to come home on weekends if he had no duties to
perform.  He received an Article 15.  He would like to know if this should
affect receiving a Good Conduct Medal.

3.  The applicant provides a copy of his Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 February 1965.  The application submitted in this case
is dated    9 July 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 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 in the Army for 3 years on 12 February 1962,
completed training as an infantryman, and in August 1962 was assigned to an
infantry battalion at Fort Clayton in the Canal Zone.  In August 1964 he
was assigned to Carlisle Barracks, Pennsylvania.  His medical records show
that on 20 September 1964 he was admitted on an emergency basis to Mercy
Hospital in Wilkes-Barre because of kidney stones, and was hospitalized for
4 days.




4.  On 3 November 1964 the applicant received nonjudicial punishment under
Article 15, Uniform Code of Military Justice for absenting himself from his
unit without proper authority on 2 November 1964 and remaining absent until
on or about 1515 hours that same date.

5.  The applicant was released from active duty on 11 February 1965 in the
pay grade of E-4 and transferred to the Army Reserve.  He had 3 years of
service and almost 2 years of service in Panama.  The characterization of
his service was honorable.

6.  The applicant’s service record (DA Form 24) reflects excellent conduct
and efficiency ratings in all of his military assignments.  Other than as
indicated above, the applicant’s records contain no evidence of any
disciplinary problems.

7.  The applicant was honorably discharged from the Army on 31 January
1968.

8.  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.

9.  The National Defense Service Medal is awarded for honorable active
service for any period between 1 January 1961 and 14 August 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant committed a minor infraction of
the rules on 2 November 1965.  His records showed no other disciplinary
problems. He was released from active duty in the grade of E-4.  His
conduct and efficiency during his 3 years of military service were
excellent.

2.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.  He is also entitled to
award of the        National Defense Service Medal.

BOARD VOTE:

___MM__  ___TO __  ___JM __  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 award of the Army Good Conduct
Medal and the National Defense Service Medal.




                            ______Mark Manning________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004254                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|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.                      |                                        |


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