RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060010580


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Roland Venable                |     |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 that the requirements have changed and now the
Good Conduct Medal can be granted for 12 months of enlisted service.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 June 1952.  The application submitted in this case is dated
22 July 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.  The applicant enlisted in the Regular Army on 21 February 1951 for a
period of three years.  He completed infantry training and was awarded
military occupational specialty 1745 (Light Weapons Infantryman).

5.  The applicant was honorably discharged from active duty on 25 June 1952
in the rank of sergeant apparently for the purpose of accepting a
commission (he attended Infantry Officer Candidate School from January 1952
to June 1952).  His DD Form 214 shows he completed 1 year, 4 months, and 14
days of active military service and 1 year, 3 months, and 27 days of other
service.  He had no days of lost time.  His DD Form 214 does not show he
was authorized any awards during this period of service.

6.  Army Regulation 600-8-22 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 qualifying period is 3 years.  However, effective 27 June
1950, the qualifying period was modified to include a period of less than 3
years but more than one year when the period for the first award ended with
the termination of a period of Federal military service.

7.  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.  Although there is no record of the applicant's conduct and efficiency
ratings, he was advanced to sergeant, has no record of lost time during his
period of active duty from 21 February 1951 through 25 June 1952, and it
appears he was discharged for the purpose of accepting a commission.
Therefore, it would be appropriate to award him the first award of the Good
Conduct Medal for the period 21 February 1951 through 25 June 1952.

2.  The applicant completed a period of honorable service from 21 February
1951 through 25 June 1952.  Therefore, he met the eligibility criteria for
award of the National Defense Service Medal.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 June 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 June 1955.  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:

JM______  WP______  RV______  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 Good Conduct Medal for the period 21 February
1951 through 25 June 1952; and


      b.  showing he was awarded the Good Conduct Medal and the National
Defense Service Medal.




                            John Meixell__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010580                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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