RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             19 October 2006
      DOCKET NUMBER:   AR20060005926


      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. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 that he believes that he is eligible for awards of
the NDSM and the GCMDL because he served 2 years of exemplary service and
he served with the Old Guard at Fort McNair in Washington, D.C.

3.  The applicant provides a copy of his DD Form 214 and his Honorable
Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 January 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.  He was inducted in Cleveland, Ohio on 20 January 1959 and was
transferred to Fort Knox, Kentucky to undergo his basic combat training
(BCT).  Upon completion of his BCT he was transferred to Fort Dix, New
Jersey to undergo his advanced individual training (AIT) as a light weapons
infantryman.

4.  He completed his AIT and was transferred to Fort McNair for assignment
to Company A, 3rd Infantry Regiment (The Old Guard).  He was advanced to
the pay grade of E-4 on 7 June 1960 and his records show that he was
awarded the Expert Marksmanship Badge with M-1 Rifle Bar and Bayonet Bar
and the Sharpshooter Marksmanship Badge with Automatic Rifle Bar.

5.  The applicant remained at Fort McNair until he was honorably released
from active duty (REFRAD) on 19 January 1961 due to the expiration of his
term of service (ETS).  He had served 2 years of total active service and
his DD Form 214 issued at the time of his REFRAD indicates that he received
no decorations or awards.
6.  A review of his records reveals no derogatory information that would
serve to disqualify him for award of the GCMDL.  His records also indicate
that he was fully qualified for reenlistment at the time of his REFRAD.

7.  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.

8.  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 20 January 1959 through 19 January 1961.  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.  It is also noted that the applicant was awarded the Expert Marksmanship
Badge with M-1 Rifle Bar and Bayonet Bar and the Sharpshooter Marksmanship
Badge with Automatic Rifle Bar.  Accordingly, those badges should also be
added to his records along with the awards of the NDSM and the GCMDL.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 January 1961; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 January 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:

___MD __  ___JR___  __RG___  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 GCMDL for the period
of 20 January 1959 to 19 January 1961 and the NDSM and by showing his
awards of the Expert Marksmanship Badge with M-1 Rifle Bar and Bayonet Bar
and the Sharpshooter Marksmanship Badge with Automatic Rifle Bar.




                            ______Melinda Darby_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005926                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19610119                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|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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