RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060007287


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 award of the Good Conduct Medal.

2.  The applicant states, in effect, that when he was out processing the
clerk remarked that he was eligible for the Good Conduct Medal.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) and a letter, dated 27 April 2006, from a Member
of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 July 1951.  The application submitted in this case is dated
19 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.  The applicant enlisted on 1 October 1946.  He served in the Asiatic-
Pacific Theater from 9 January 1947 through 8 July 1948.  On 22 July 1948,
the applicant was honorably discharged.

4.  The applicant's WD AGO Form 53-55 shows the World War II Victory Medal
and the Army of Occupation Medal with Japan Clasp as authorized awards.

5.  There are no orders for the Good Conduct Medal in the available
records.  However, the applicant's service record shows that he was
favorably considered for award of the Good Conduct Medal on 28 June 1948.

6.  The applicant was ordered to active duty on 6 September 1950 and
released from active duty on 22 July 1951.  His DD Form 214 (Report of
Separation form the Armed Forces of the Untied States) does not show any
authorized awards.

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.  The regulation states that, after 27 August 1940, three
years of qualifying service was required for award of the Good Conduct
Medal, but during the World War II era, the first award could be made based
on one year of qualifying service provided that service occurred between 7
December 1941 to 2 March 1946.  The current standard for award of the Good
Conduct Medal is 3 years of qualifying service, but as little as one year
is required for the first award in those cases when the period of service
ends with the termination of Federal military service.

8.  Army Regulation 600-8-22 provides, in pertinent part, 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.  There are no orders for the Good Conduct Medal in the applicant’s
service personnel records.  Although he was favorably considered for award
of the Good Conduct Medal, he did not complete the 3 years of qualifying
service that was required during his first period of service.  He served
less than one year of active duty during his second period of service, the
minimum required for a Good Conduct Medal during that time.  Regrettably,
there is insufficient evidence on which to base award of the Good Conduct
Medal in this case.

2.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

3.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 22 July 1951; therefore, the time for the applicant
to file a request for correction of any error expired on 21 July 1954.  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

WC____  _AM____  __DL_____  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.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the National Defense
Service Medal.






                            __William Crain______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007287                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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