RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060009169


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David Tucker                  |     |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 correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Good Conduct Medal.

2.  The applicant states, in effect, that when he was interviewed at the
time of his separation from the Army in 1953 he was informed that he was
being awarded the National Defense Service Medal and the Good Conduct
Medal.  However, he never received the Good Conduct Medal and when he was
going through his records last year he noticed that his DD Form 214 did not
mention the medal.  He contends that it was probably a simple clerical
error because he fully met the criteria for the medal.  He points out that
he served in the Massachusetts National Guard from 24 June 1948 to 30
December 1951 and then he enlisted in the Regular Army on 31 December 1951
and served until 2 December 1953.

3.  The applicant provides an Honorable Discharge Certificate; a Letter of
Appreciation, dated 17 November 1953; discharge orders; a DD Form 215
(Correction to DD Form 214), dated 3 February 1954; a DA Form 493
(Separation Qualification Record); and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 December 1953.  The application submitted in this case is dated 19 June
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’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.


4.  Having prior inactive service, the applicant enlisted in the Regular
Army on
31 December 1951.  He served as a special agent in France for 11 months and
was honorably discharged on 2 December 1953.

5.  The applicant's DD Form 214 shows the National Defense Service Medal as
an authorized award.

6.  There are no orders for the Good Conduct Medal in the available
records.

7.  In support of his claim, the applicant provided a Letter of
Appreciation, dated 17 November 1953, from his Commanding Officer who cited
his “intelligence, patience and exactness,” as well as his “unquestionable
conduct and morals.”

8.  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 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders for the Good Conduct Medal in the
available records, the available records do show the applicant served as a
special agent for 11 months and it is reasonable to presume that he would
not have been assigned as a special agent if his record of service had not
been honorable.  In addition, the Letter of Appreciation provided by the
applicant cites his “unquestionable conduct and morals.”  Therefore, based
on the foregoing, it appears the applicant met the eligibility criteria for
the first award of the Good Conduct Medal for the period 31 December 1951
through 2 December 1953 based on completion of a period of qualifying
service ending with the termination of a period of Federal military
service.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 2 December 1953; therefore, the time for the
applicant to file a request for correction of any error expired on 1
December 1956.  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:

JR_____  _RB_____  _DT_____  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:


      a.  awarding him the first award of the Good Conduct Medal for the
period 31 December 1951 through 2 December 1953; and

      b.  amending his DD Form 214 to add the Good Conduct Medal.




                                  ___Jeffrey Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009169                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]