RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          9 August 2005
      DOCKET NUMBER:  AR20040009889


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 Item 24 (Decorations, Medals,
Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) be corrected to show all authorized awards.

2.  The applicant states that he was “decorated on the day of my ETS,” but
that the decorations were not entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, his discharge orders,
and orders awarding him the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 3 April 1972.  The application submitted in this case is dated
28 October 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 that he enlisted in the Regular
Army on 12 February 1971 and completed training in Military Occupational
Specialty 95B10 (Military Policeman).  He was then assigned to Fort Bragg,
North Carolina, where he served until being honorably discharged as a
Surviving Family Member in pay grade E-4 on 3 April 1972.

4.  Item 24 of the applicant’s DD Form 214 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
that he is entitled to the National Defense Service Medal and the
Parachutist Badge.  No other awards or decorations are listed.

5.  Headquarters, 1st Basic Combat Training Brigade Special Orders Number
61, dated 5 April 1971, announced award of the Expert Marksmanship Badge
with Rifle Bar to the applicant.

6.  Headquarters, 82d Airborne Division General Orders Number 111, dated
4 April 1972, announced award of the Army Commendation Medal to the
applicant for meritorious service during the period 24 June 1971 to 3 April
1972.

7.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

8.  Army Regulation 600-8-22 provides, in pertinent part, 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 Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders show that the applicant is entitled to the Expert
Marksmanship Badge with Rifle Bar.  Therefore, he is entitled to correction
of his records to show this badge.

2.  General Orders show that the applicant is entitled to the Army
Commendation Medal.  Therefore, he is entitled to correction of his records
to show this decoration.

3.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 12 February 1971 to 3
April 1972.  Therefore, he is entitled to correction of his records to show
this award.


BOARD VOTE:

___kls___  ___bje __  ___phm__  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:

      a. the Expert Marksmanship Badge with Rifle Bar;


      b. the Army Commendation Medal; and,


      c. the First Award of the Good Conduct Medal for the period 12
February 1971 to 3 April 1972.




            ___Barbara J. Ellis________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009889                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050809                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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