RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060000733


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |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 that he be awarded the Good Conduct Medal.

2.  The applicant states he was told that anyone with an honorable
discharge was entitled to this award.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 December 1977, the date of his discharge.  The application
submitted in this case is dated 15 December 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 records show the applicant entered active duty on 19 February 1976,
completed training, and was awarded the military occupational specialty
(MOS) 11E (Armor Crewman).

4.  On 19 August 1977 the applicant received nonjudicial punishment (NJP)
under the provisions of Article 15 of the Uniform Code of Military Justice
for assault on a noncommissioned officer.

5.  The applicant received NJP on 29 November 1977 for being AWOL (absent
without leave) for one day.

6.  The discharge packet indicates the applicant had two additional NJPs;
however, the actual proceedings documentation is not of record.

7.  The record also contains three negative counseling statements for
failure to repair, missing formation, being AWOL, and using an improperly
obtained Pass.

8.  The applicant was enrolled in the Army Drug and Alcohol Prevention and
Control Program (ADAPCP) at an undetermined point.  On 1 December 1977 his
unit commander initiated separation proceedings under Army Regulation 635-
200, chapter 16 as an ADAPCP failure.

9.  After consulting with counsel and being advised of his rights and
options, the applicant acknowledged the discharge action and declined to
submit a statement on his own behalf.

10.  The applicant was separated on 21 December 1977 with an honorable
discharge under the provisions of Army Regulation 635-200, chapter 16.  He
had 1 year, 10 months, and 2 days of creditable service.  His awards are
listed as the Sharpshooter Marksmanship Qualification Badge with Grenade
Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar.

11.  The DD Form 214 also indicates he served in Korea for 7 months and
23 days.

12.  Army Regulation 600-8-22, chapter 4, states 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 active
Federal military service.  Enrollment in and participation in the ADAPCP
program does not preclude the award of the Good Conduct Medal to Soldiers
who are otherwise qualified nor is a record of punishment automatically
disqualifying.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.  At that time, a
disqualification was normally noted on the DA Form 20.

13.  Army Regulation 635-200, chapter 16, as then in effect, stated that a
Soldier who is enrolled in the ADAPCP for alcohol/drug abuse may be
separated because of inability or refusal to participate in, cooperate in,
or successfully complete such a program when the command determines that
there is a lack of potential for continued Army service and rehabilitation
efforts are no longer practical.

14.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  While a single NJP and participation in the ADAPCP does not preclude
this award, Soldiers must have distinguished themselves by their conduct,
efficiency, and fidelity to be entitled to the Good Conduct Medal.

2.  The nature of the applicant’s NJPs offenses, his negative counseling
statements, and his ADAPCP failure clearly shows that he did not
distinguish himself during this period of active duty and as such award of
the Good Conduct Medal is not warranted.

3.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 December 1977; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 December 1980.  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

__JCR___  __WDP_  __KSJ___  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.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of Korea Defense Service Medal.




                                  ___William D.  Powers___________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000733                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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