RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040007280


      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. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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, in effect, that he believes his unblemished and
exemplary service record warrants an award of the Army Good Conduct Medal.
He cites a photograph from a “Regimental Newspaper” in which he is
identified as the “Soldier of the Week” and that he was “second to honor
graduate” from the “A’burg NCO [noncommissioned officer] Academy.”

3.  The applicant provides the photograph and a memorandum indicating his
score while attending the NCO Academy.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 December 1952.  The application submitted in this case
is dated
11 September 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’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant’s separation document indicates that he entered active
duty on 7 October 1949.  He served nearly 31 months overseas in Germany
where he was awarded an Army Occupation Medal.  He attained the grade of
corporal, attended several leadership courses and, according to the
memorandum provided by him, graduated at the top of his NCO Academy class
in December 1951.

5.  The applicant was honorably discharged on 22 December 1952 after being
involuntarily extended for 9 months.  His separation document indicates
that he had no lost time.

6.  Army Regulation 600-8-22 (Military Awards) provides that the 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 Good
Conduct Medal, disqualification must be justified.

7.  Army Regulation 600-8-22 (Military Awards)as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period for award of the Army Good
Conduct Medal on 6 October 1952.

2.  Although the applicant’s complete military personnel record is not
available, the evidence which is available suggests that he served
honorably, with no indication of any misconduct which would justify denying
him the award.  In view of the foregoing, the Board concludes 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 7 October 1949 through 6 October 1961.

3.  The evidence also confirms that the applicant is entitled to the
National Defense Service Medal.  His records should be corrected
accordingly.

BOARD VOTE:

__JS____  ___HF __  ___LS  __  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:

      a.  awarding him the Army Good Conduct Medal for the period 7 October
1949 through 6 October 1952; and


      b.  showing that he is entitled to the National Defense Service Medal.





                            _______John Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007280                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|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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