RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004346


      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             |
|     |Ms. Rene' R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 separation document be corrected to
reflect awards he is authorized based on his service in Germany.  He does
not specify which awards he believes he is entitled to.

2.  The applicant states he wants an accurate record of his awards.

3.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 May 1963.  The application submitted in this case is
dated
16 March 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.  Records available to the Board indicate the applicant served on active
duty as an enlisted Soldier from 24 November 1959 through 15 May 1963.  He
was released from active duty with an honorable characterization of service
in pay grade E-4 after having served in Germany as a radio repairman from
November 1960 to May 1963.  His separation document reflects qualification
as a sharpshooter with the M-14 rifle.  No other awards or decorations are
reflected on the document or in his available files.

4.  Army Regulation 600-8-22 (Military Awards), as amended, provides that
the National Defense Service Medal is awarded for honorable active service
for any period between 1 January 1961 and 14 August 1974.






5.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  The applicant’s conduct and efficiency
ratings throughout his military service were excellent, and he had no
record of any disciplinary actions or incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant is entitled to the National Defense
Service Medal as a result of his honorable service.  His records should be
corrected accordingly.

2.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 23 November 1962.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the applicant met the basic qualifications for award of the Army
Good Conduct Medal and it would be appropriate and in the interest of
equity to award him that decoration for the period from 24 November 1959
through 23 November 1962.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 May 1963; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
14 May 1966.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.



BOARD VOTE:

___PM __  ___RS __  ___DH __  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:

      a.  by awarding him the Army Good Conduct Medal for the period
24 November 1959 through 23 November 1962; and

      b.  by showing he is entitled to the National Defense Service Medal.




                            _____Patrick McGann________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004346                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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