RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060004329


      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             |
|     |Mrs. Phyllis M. Perkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. Debruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, the award of the Good Conduct Medal.


2.  The applicant states that he never received the Good Conduct Medal
after completing 3 years of active service.

3.  The applicant provides a letter from the National Personnel Records
Center, St. Louis, Missouri, dated 30 January 2006, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 January 1985, the date of his separation from active duty.
The application submitted in this case is dated 25 February 2006.

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 on 20 January 1981 for a
period of 4 years.  He was trained in, awarded, and served in military
occupational specialty (MOS) 24C10 (Improved Hawk Firing Section Mechanic)
and
the highest rank he attained while serving on active duty was
specialist/pay
grade E-4.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD 214 (Certificate of Release or
Discharge from Active Duty) does not show award of the Good Conduct Medal.







5.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-
1 (Personnel Qualification Record) does not show award of the Good Conduct
Medal.

6.  On 8 May 1984, the applicant received a letter of reprimand from the
major general in command of Headquarters, United States Army Air Defense
Artillery Center and Fort Bliss [Fort Bliss, Texas] for being apprehended
for drunk driving after causing a traffic accident on 3 March 1984.

7.  The applicant indicated that he understood his rights to make a
statement in his own behalf before the letter of reprimand was placed in
his service personnel records.  The applicant acknowledged that he
understood the unfavorable information presented against him and elected
not to make a statement in his own behalf.

8.  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, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Good Conduct Medal.

2.  The applicant's records show that he received a letter of reprimand
for driving while under the influence of alcohol and causing a traffic
accident.  It appears this indiscipline justified disqualification for
award of the Good Conduct Medal. Therefore, there is no basis to grant
the relief requested.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 January 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 January 1988.  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

_DED____  _RTD___  __LWR__  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.




                                     __Richard T. Dunbar_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004329                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | DENY                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.056                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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