RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050008045


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 he be awarded the Good Conduct
Medal.

2.  The applicant states, in effect, that he did not receive a Good Conduct
Medal when he was released from active duty.

3.  The applicant provides a self-authored letter addressed "To Whom it May
Concern" and a letter from an Army retired command sergeant major who at
the time served as his detachment sergeant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error and an
injustice which occurred on 15 January 1968, the date he was released from
active duty.  The application submitted in this case is dated 18 May 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 enlisted in the Regular Army for 3 years, on 30 January
1964.  He underwent basic combat training at Fort Leonard Wood, Missouri,
and successfully completed advanced individual training at Fort Bliss,
Texas.  On completion of all training, he was awarded the military
occupational specialty (MOS), 64A, Light Truck Driver.

4.  Following completion of his training, the applicant served at Fort
Lewis, Washington, and with the 8th Evacuation Hospital and with the 763rd
Medical Detachment in Germany.  When he was at Fort Lewis, he was
reclassified and was awarded the MOS 910.00, Medical Specialist.  This MOS
was later converted to the MOS, 91A and, on 22 January 1966, he was
awarded the MOS 91B.
5.  The applicant was honorably released from active duty, on 15 January
1968, under the provisions of Army Regulation (AR) 635-200, and was given
an SPN (Separation Program Designator) 411, Early Separation of Overseas
Returnee.  He was separated in the rank and pay grade of Specialist Five, E-
5.  On the date he was released from active duty, he had completed 3 years,
11 months, and 16 days active military service, with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded the National Defense Service Medal.  No other awards or
decorations, to include the Good Conduct Medal, are shown in this item.

7.  The applicant was not awarded the Good Conduct Medal at the time he was
due for consideration for this award on 29 January 1967.

8.  There is no entry in Item 42 (Remarks), of the applicant's DA Form 20,
Enlisted Qualification Record, showing he was denied award of the Good
Conduct Medal if his commander intended to deny him this award.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing that he was awarded the Good Conduct Medal.

10.  There are no orders in the applicant's military personnel records
awarding him the Good Conduct Medal.

11.  A DA Form 1049, Personnel Action, is on file in the applicant's
service personnel record.  This form was prepared by the Commander, 763rd
Medical Detachment, on 12 January 1968, and requested that the Commanding
Officer, US Army Transfer Station, Fort Dix, New Jersey, issue the
applicant the Good Conduct Medal upon his release from active duty.  The
applicant's conduct and efficiency were rated as excellent.

12.  The applicant provided a letter from his former detachment sergeant, a
retired Army command sergeant major, recommending that he be awarded the
Good Conduct Medal.  The command sergeant major describes the applicant as
having performed his duties in a meritorious manner and as having been an
outstanding example to his subordinates.  He summarizes by stating that the
applicant's not having been awarded the Good Conduct Medal was a serious
oversight and that the applicant deserves to be awarded the Good Conduct
Medal after these many years.
13.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
he earned the Marksman Marksmanship Qualification Badge, with Rifle Bar [M-
14 Rifle], in April 1964.  This marksmanship qualification badge is not
shown on his DD Form 214.

14.  AR 672-5-1, in effect at the time of the applicant's separation,
provides that the Good Conduct Medal is awarded to Soldiers 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.
To be eligible for award of the Good Conduct Medal, Soldiers must meet all
of the following criteria:  all conduct (character) and efficiency ratings
must be recorded as "Excellent" except that ratings of "Unknown" for
portions of the period under consideration are not disqualifying.  Service
school efficiency ratings based upon academic proficiency of at least
"Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not awarded the Good Conduct Medal when he was due
consideration for its award on 29 January 1967.

2.  There is an absence of an entry in his enlisted qualification record to
show his commander denied him award of the Good Conduct Medal when he
became due for consideration for this award in January 1967.

3.  On his departure from his unit in Germany, the applicant was
recommended for award of the Good Conduct Medal by his unit commander.
The recommendation was directed to the commanding officer of the US Army
Transfer Station, Fort Dix, New Jersey.  The applicant's conduct and
efficiency were rated as, "excellent."  It is apparent orders awarding
him the Good Conduct Medal were not published.

4.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to him
during separation processing activities at Fort Dix.  It appears that the
failure to award this Soldier the Good Conduct Medal was an
administrative oversight and not related to anything he did to disqualify
himself from this award; therefore, he is entitled to award of the
Good Conduct Medal for the period 30 January 1964 through 29 January 1967
and to have it added to his separation document.

5.  The applicant earned the Marksman Marksmanship Qualification Badge,
with Rifle Bar.  This marksmanship qualification badge is not shown on his
DD Form 214.  It would be appropriate to add it at this time.

BOARD VOTE:

_CD_____  __KSJ__  _SLP ___  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 applicant the Good Conduct Medal for the period
30 January 1964 through 29 January 1967 and adding this award to his DD
Form 214; and


      b.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Rifle Bar, to the applicant's DD Form 214.




                            ___Shirley L. Powell______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008045                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   102                |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]