RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            24 October 2006
      DOCKET NUMBER:   AR20060005895


      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. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 National Defense Service
Medal (NDSM) and the Good Conduct Medal (GCMDL).

2.  The applicant states, in effect, that he completed 3 years of active
duty with an exemplary record and was never counseled regarding his
entitlement to the NDSM or GCMDL.

3.  The applicant provides a copy of his report of separation (DD Form 214,
two letters of appreciation and three letters of commandation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 September 1961.  The application submitted in this case is
dated 17 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.  He enlisted in Cleveland, Ohio, on 8 September 1958 for a period of 3
years and training as a military policeman (MP).  He completed his basic
combat training at Fort Benning, Georgia, and his advanced individual
training (AIT) at Fort Gordon, Georgia.  Upon completion of his AIT, he was
transferred to Fort Eustis, Virginia, for assignment to the 504th Military
Police Company for duty as an MP.  He was advanced to the pay grade of E-4
on 9 November 1959.

4.  He remained at Fort Eustis until he was honorably released from active
duty (REFRAD) due to the expiration of his term of service (ETS) on 7
September 1961.  He had served 3 years of total active service and his DD
Form 214 issued at the time of his REFRAD indicates that he was only
awarded marksmanship badges.

5.  A review of his records shows that he received excellent conduct and
efficiency ratings throughout his service and his record is void of any
derogatory information that would serve to disqualify him for award of the
GCMDL.
6.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated 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.  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 him the NDSM at this time.

2.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 8 September 1958 through 7 September 1961, while serving in
the rank of specialist four.  This conclusion is based on the fact that the
record is void of any derogatory information, which would preclude the
applicant from being awarded the GCMDL, and the lack of any specific action
by the applicant’s unit commander to disqualify him from receiving the
award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 September 1961; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 6 September 1964.  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:

__CD ___  ___JP __  ___RN __  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 by awarding him the NDSM and the GCMDL
for the period of 8 September 1958 through 7 September 1961, while serving
in the rank of specialist four.




                            _____Carmen Duncan_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005895                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19610907                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(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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