RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2007
      DOCKET NUMBER:  AR20060017810


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 Army Good Conduct Medal.

2.  The applicant states that when he was at the expiration of his term of
service he was told by his company commander that he was being recommended
for award of the Army Good Conduct Medal.  He states that during his
outprocessing, he asked the clerk why his Report of Separation from Active
Duty (DD Form 214) shows that he completed 2 years of college when he never
even finished high school, and why his DD Form 214 mentioned nothing about
the Army Good Conduct Medal.  He states that the clerk informed him that
his paperwork would be adjusted, corrected, and mailed to him at a later
date.  The applicant states that he believed that the clerk was honest and
that he would receive a corrected DD Form 214 at a later date.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 September 1979.  The application submitted in this
case is dated 16 December 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.  On 3 September 1976, the applicant enlisted in the Army in Chicago,
Illinois, for 3 years, in the pay grade of E-1.  He successfully completed
his training as an infantryman.

4.  Nonjudicial punishment (NJP) was imposed against the applicant on
5 January 1977, for being absent without leave (AWOL) from 8 December 1976
until 3 January 1977.  His punishment consisted of a forfeiture of pay in
the amount of $187.00 per month for 2 months.

5.  The applicant was promoted to the pay grade of E-2 on 29 March 1977;
promoted to the pay grade of E-3 on 29 May 1977; and promoted to the pay
grade of E-4 on 29 December 1977.

6.  His conduct and efficiency ratings were good to excellent.

7.  On 28 September 1979, the applicant was honorably released from active
duty (REFRAD) on the expiration of his term of service.  He had completed
3 years of total active service.  The DD Form 214 that the applicant was
furnished at the time of his REFRAD shows that he was awarded the Expert
Marksmanship Qualification Badge (Rifle M-16) and the Hand Grenade Badge
(First Class).

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available records fail to show that orders were ever published
awarding the applicant the Army Good Conduct Medal.

2.  His contentions have been noted and, although the applicant had no
records of court-martial, he had NJP imposed against him for being AWOL for
26 days.  He failed to distinguish himself by his conduct and efficiency
when he went AWOL during the qualifying period of service on active duty.

3.  The available evidence indicates that the applicant's failure to be
awarded the Army Good Conduct Medal was not an error, but a decision made
by proper authority.  In the absence of evidence to the contrary, it must
be presumed that what the Army did in his case was correct.

4.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 September 1979; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 September 1982.  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

__JM____  __RO ___  ___MF__  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.




                                  ______ John Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017810                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  102                 |107.0056/ARMY GOOD CONDUCT MEDAL        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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