RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050004630


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, award of the Good Conduct Medal.

2.  The applicant states, in effect, that he was not processed for award of
the Good Conduct Medal upon completion of three years of active federal
service in the Regular Army and believes he is entitled to the award.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 20
November 1998.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 November 1998; the date of his release from active duty.
The application submitted in this case is dated 17 March 2005.

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 personnel record shows that he enlisted and
entered active duty in the Regular Army on 21 November 1995.  Upon
completion of basic combat training and advanced individual training, the
applicant was awarded military occupational specialty 12B (Combat
Engineer).  The applicant's record also shows that he served with the 2nd
Engineer Battalion, 2nd Infantry Division in the Republic of Korea from 17
March 1996 to 17 March 1997.

4.  The applicant's DD Form 214, with an effective date of 20 November
1998, shows that he was honorably discharged from the U.S. Army on 20
November 1998 after serving on active duty a total of 3 years.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows the following
awards:  Army Achievement Medal (3rd Award), National Defense Service
Medal, Army Service Ribbon, Overseas Service Ribbon, Marksman
Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic
Badge with Driver - W Bar.  Item 18 (Remarks) of this document shows, in
pertinent part, the entry "Member has completed first full term of
service".

6.  A review of the applicant's record reveals no evidence the applicant
received the first award of the Good Conduct Medal.  There also is no
evidence the applicant was disqualified by his chain of command from
receiving the Good Conduct Medal and his records do not contain any adverse
information.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Good Conduct Medal is awarded to individuals who distinguish
themselves by their exemplary conduct, efficiency, and fidelity during a
qualifying period of active duty enlisted service.  After 27 June 1950 to
the present time, the current standard for award of the Good Conduct Medal
is 3 years of qualifying service, but as little as one year is required for
the first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Good Conduct Medal because he was not processed for the award after
honorably serving three years on active duty in the Regular Army.  The
applicant adds, in effect, that he had no lost time or adverse actions
imposed against him under the Uniform Code of Military Justice and believes
he is entitled to the award.  The applicant provides his DD Form 214 in
support of his application.

2.  The evidence of record shows that applicant is entitled to the first
award of the Good Conduct Medal for the period 21 November 1995 to 20
November 1998 based on completion of a period of qualifying service ending
with the termination of a period of Federal military service.  Therefore,
he is entitled to correction of his records to show this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 November 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 November 2001.  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. Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

__KLW__  __DED __  __QAS __  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 the Good Conduct Medal for the period 21 November 1995
to 20 November 1998; and

      b.  correcting his DD Form 214 to add the Good Conduct Medal.




                            ___KENNETH L. WRIGHT___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004630                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19981120                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0056.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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