RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 October 2006
      DOCKET NUMBER:   AR20060005809


      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:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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 she be awarded the National Defense Service
Medal (NDSM) and the Good Conduct Medal (GCMDL).

2.  The applicant states, in effect, that she served 1 year, 7 months and 7
days of active service with an exemplary record and believes that she is
eligible for award of the NDSM and GCMDL.

3.  The applicant provides a copy of her report of separation (DD Form 214)
and Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 February 1961.  The application submitted in this case is
dated 18 April 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.  She enlisted in the Women’s Army Corp (WAC) in Roanoke, Virginia, on
14 July 1959 for a period of 3 years and training as a clerk.  At the time
of her enlistment she acknowledged that she understood that any request for
discharge solely on the grounds of marriage would not receive favorable
consideration until she had served on active duty in her current enlistment
or tour of active duty for not less than 1 year after completing her
training.  She completed her training at Fort McClellan, Alabama on 19
November 1959 and was transferred to Fort Eustis, Virginia, for assignment
to the WAC Company, United States Army Transportation Training Command, for
duty as a clerk-typist.  She was advanced to the pay grade of E-4 on 20
October 1960.

4.  On 7 February 1961, the applicant submitted a request for discharge
from the service by reason of marriage under the provisions of Army
Regulation (AR)  615-361, section II.  Her request was approved on 9
February 1961.

5.  Accordingly, she was honorably discharged under the provisions of AR
 615-361, Section II by reason of marriage (female only).  She had served 1
year, 7 months and 7 days of total active service and her DD Form 214
issued at the time of her discharge shows no decorations or awards.

5.  A review of her records shows that she received excellent conduct
ratings and she received excellent and good efficiency ratings.  Her
records also show that she was deemed ineligible for reenlistment by her
commander at the time of her discharge.

6.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated, in effect,
that the Army Good Conduct Medal was awarded for each 3 years of continuous
enlisted active Federal military service completed on or after 27 August
1940 and, for the first award only, upon termination of service on or after
27 June 1950 of less than 3 years but more than 1 year.  An award made for
an authorized period of less than 3 years must be for the total period of
obligated active Federal military service.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

7.  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 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving on active duty during a period in which the
award of the NDSM was authorized.  Accordingly, it would be in the interest
of justice to award her the NDSM at this time.

2.  The applicant’s contention that she is eligible for award of the GCMDL
has been noted and found to be without merit.  Although she served over 1
year of active duty and there are provisions to award the GCMDL for service
of 1 year or more, that provision does not apply in the applicant’s
circumstances.  The applicant did not complete her obligated service and
she requested to be discharged.  She was also deemed to be ineligible for
reenlistment by her commander at the time.  Accordingly, she is not
eligible for award of the GCMDL.
3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 February 1961; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 February 1964.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
(evidence or argument), it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MT__   ____RR    ____JH__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 awarding her the NDSM.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the GCMDL.




                            ______  Marla Troup______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005809                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19610220                                |
|DISCHARGE AUTHORITY     |AR 615-361, SEC II                      |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(PARTIAL-GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |102/gcmdl                               |
|1.107.0056              |                                        |
|2.107.0069              |115/ndsm                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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