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ARMY | BCMR | CY2004 | 20040004963C070208
Original file (20040004963C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 May2005
      DOCKET NUMBER:  AR20040004963


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Seema E. Salter               |     |Member               |
|     |Ms. Susan A. Powers               |     |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, in effect that his military record be corrected
to show all awards that he may be authorized.

2.  The applicant states that he received no awards for his service.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States), issued on 11 September 1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
11 September 1952.  The application submitted in this case is dated 20 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 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 show he enlisted in the Regular Army,
unassigned, on 17 January 1949.  Upon completion of all required military
training, he was awarded military occupational specialty (MOS) 3965 (Wheel
Vehicle Mechanic).

4.  On 9 April 1949, he was assigned to Fort Lewis, Washington with duties
in his MOS.  On 11 July 1950, he was reassigned to Headquarters,
Transportation Services Group (Pipeline).  On 25 July 1950, he was further
assigned to 578th Quartermaster, Materiel Acquisition Management (MAM),
Guam until he was assigned to Indiantown Gap Military Reservation (IGMR),
Pennsylvania on
5 March 1952.  On 23 June 1953, he was assigned to Camp Pickett, Virginia.

5.  The applicant's record contains no evidence of misconduct.

6.  On 11 September 1952, the applicant was honorably separated from active
duty.  His DD Form 214 shows he had completed 3 years, 7 months and 24 days
of active military service.  Item 27 (Decorations, Medals and Badges) is
annotated "None."

7.  The applicant's WD AGO Form 24A (Service Record) shows that he was
favorably considered for award of the "GCM" Good Conduct Medal (GCMDL).

8.  The applicant's WD AGO Form 20 (Soldiers Qualification Record) shows he
was authorized award of the Sharpshooter Marksmanship Qualification Badge,
M-1 Rifle and the Marksman Marksmanship Qualification Badge,
Sub-machinegun.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, 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, in pertinent part that the:

      a.  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 qualification 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 the applicant was
ever denied this award.


      b.  National Defense Service Medal (NDSM) is awarded for honorable
active service for any period between 27 July 1950 through 27 July 1954, 1
January 1961 through 14 August 1974, and 2 August 1990 through 30 November
1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is authorized award of the GCMDL for his honorable period
of service from 17 January 1949 to 11 September 1952.

2.  The applicant is also authorized award of the NDSM, Sharpshooter
Marksmanship Qualification Badge, M-1 Rifle and the Marksman Marksmanship
Qualification Badge, Sub-machinegun.

BOARD VOTE:

__mhm___  __ses___  __sap___  GRANT 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 GCMDL, NDSM,
Sharpshooter Marksmanship Qualification Badge, M-1 Rifle, and the Marksman
Marksmanship Qualification Badge, Sub-machinegun.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004004963                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050526                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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