RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070004902


      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. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 Army Good Conduct Medal
(Second Award).

2.  The applicant states, in effect, that his Report of Transfer or
Discharge (DD Form 214) for the period covering 19 October 1959 through 3
October 1962 should be corrected to show a second award of the Army Good
Conduct Medal.  He states that he demonstrated exemplary behavior,
efficiency and fidelity.

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

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  On 26 October 1956, the applicant enlisted in the Army in Los Angeles,
California, for 3 years, in the pay grade of E-1.  He successfully
completed his training as a fixed station facilities controller.

3.  After completing 2 years, 10 months and 1 day of total active service,
he was honorably released from active duty (REFRAD) on 26 August 1959 and
he was transferred to the United States Army Corps (Reserve) California.

4.  The DD Form 214 that he was furnished at the time of his REFRAD shows
that he was awarded the Sharpshooter Marksmanship Qualification Badge
(Carbine and Rifle Bar), the Army Good Conduct Medal and a Letter of
Appreciation.

5.  The applicant was in Stuttgart, Germany, when he reentered the Army on
26 October 1959.  He went on to perform his duties as a fixed station
facilities controller.

6.  His conduct and efficiency ratings were excellent.  He was transferred
to the Continental United States and arrived at the United States Army
Transfer Station at Fort Hamilton, in Brooklyn, New York, on 1 October
1962.

7.  After completing 2 years, 11 months and 19 days of net active service
for this period, the applicant was honorably discharged from the Army on 3
October 1962, prior to the expiration of his term of service, as an
overseas returnee.

8.  The DD Form 214 that he was furnished at the time of his discharge
shows that he was not awarded any decorations during this period of
service.  However, his Enlisted Qualification Record (DA Form 20) shows
that he was awarded the Expert Marksmanship Qualification Badge (Rifle M-
14).

9.  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 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

10.  Army Regulation 672-5-1 (Military Awards) 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, inclusive.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available records, the applicant is not entitled to a
second award of the Army Good Conduct Medal.  The applicant was awarded an
Army Good Conduct Medal at the end of his initial period of enlistment.  He
did not complete
3 years of active service during his second period of enlistment in the
Army and in accordance with the applicable regulation, he is not entitled
to award a second award of the Army Good Conduct Medal.

2.  Evidence shows that the applicant’s records contain 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LMD__  __WDP__  __JLP___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the
individual 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
and the Expert Marksmanship Qualification Badge.




                                  ___William D. Powers__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004902                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070925                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  102                 |107.0056/ARMY GOOD CONDUCT MEDAL        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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