RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            08 August 2006
      DOCKET NUMBER:   AR20060000306


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 that his report of separation (DD Form 214) be
corrected to reflect the award of the Good Conduct Medal (GCMDL) and his
marksmanship badges.

2.  The applicant states that there may have been an error on the clerk’s
part that he never received the GCMDL or it was just overlooked.
Additionally, his marksmanship badges were not included on the DD Form 214.
 He continues by stating that he did receive a GCMDL for his Air Force
service.

3.  The applicant provides a copy of a DA Form 1577 (Authorization for
Issuance of Awards showing that the National Personnel Records Center
(NPRC) in       St. Louis authorized the issuance of a GCMDL medal set to
him in 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 June 1957.  The application submitted in this case was
received on 13 October 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 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 was born on 22 March 1937 and enlisted in the Regular
Army in Detroit, Michigan on 11 June 1954 for a period of 3 years.  He
served until he was honorably released from active duty (REFRAD) on 10 June
1957, due to the expiration of his term of service (ETS).  His DD Form 214
issued at the time of his REFRAD shows that he served 1 year, 2 months and
27 days of overseas service and that he was awarded the National Defense
Service Medal and the Army Occupation Medal with Germany Clasp.  His DD
Form 214 also shows that he was REFRAD in the pay grade of E-2 and that his
date of rank (DOR) was 17 October 1956.

5.  A review of the available records shows that the applicant has
requested on several occasions from the NPRC, copies of his court-martial
proceedings that occurred in 1956 and an explanation as to why he was never
awarded a GCMDL.  The available records do not contain information in
regards to his weapons qualifications.

6.  The applicant enlisted in the Air Force on 26 February 1958 and
continued to serve on active duty until he was discharged on 26 June 1964,
due to physical disability with severance pay.

7.  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, conviction by courts-martial is a disqualification for award
of the GCMDL and it terminates a period of qualifying service.  A new
period begins the following day after completion of the sentence imposed by
the court-martial.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  While the applicant has provided a DA Form 1577 to show that he was
issued a GCMDL set by the NPRC, that form does not reflect if it was issued
for Army or Air Force service.

3.  Inasmuch as the available evidence of record indicates that that he was
convicted by a court-martial, most likely on 17 October 1956, because it
was his DOR at the time of his REFRAD, the applicant was disqualified for
award of the GCMDL at the time of his REFRAD on 10 June 1957.

4.  Although it is reasonable to presume that the applicant qualified with
his service weapon, there is no evidence available to determine what his
qualification was.  Therefore, absent evidence to establish his
qualifications, there appears to be no basis to grant that portion of his
request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 June 1957; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 June 1960.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JA___  ____DD_  ____JH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____James Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000306                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19570610                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |102/gcmdl                               |
|1.107.0056              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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