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Decision Text

ARMY | BCMR | CY2002 | 2002070310C070402
Original file (2002070310C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002070310


         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. Raymond V. O’Connor Chairperson
Mr. Roger W. Able Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of his military records to show the sixth award of the Good Conduct Medal.

3. The applicant states that he had been in the Army for 18 years and 6 months and was told that he could not get his sixth award of the Good Conduct Medal because he was overweight. In support of his application, he submits a copy of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) and his retirement orders.

4. The applicant’s military records show that he completed over 20 years of active duty on 31 May 1987 when he retired in the rank of staff sergeant.

5. The applicant’s retirement DD Form 214 shows five awards of the Good Conduct Medal as authorized awards.

6. The applicant’s service personnel records contain documentation, dated
10 November 1983, which shows that he was placed in the weight reduction program. His records also contain documentation, dated 11 April 1984, which shows he was removed from the weight reduction program effective 11 April 1984. On 29 August 1985, the applicant acknowledged receipt of the disapproval of award of the Good Conduct Medal and elected not to submit a statement on his behalf.

7. The applicant’s service personnel records contain a letter of disapproval, dated 29 August 1985, for award of the Good Conduct Medal for the period
3 November 1982 to 2 November 1985. This letter states, “During the period of your eligibility for award of the GCMDL [Good Conduct Medal], you have been on the overweight program.”

8. There is no evidence in the available records which shows the applicant had a weight problem subsequent to 11 April 1984.

9. 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.

CONCLUSIONS:

1. Evidence of record shows that the applicant was placed in the weight reduction program on 10 November 1983.

2. Evidence of record also shows that the applicant was removed from the weight reduction program on 11 April 1984.

3. The applicant’s sixth award of the Good Conduct Medal for the period
3 November 1982 to 2 November 1985 was disapproved because he had been on the overweight program during this period of eligibility.

4. Based on the applicant’s success in the weight reduction program, the Board finds that the commander’s decision to disqualify the applicant from receiving a sixth award of the Good Conduct Medal for being overweight is inequitable.

5. Based on the foregoing, the Board determined that, as a matter of equity, the applicant be awarded the sixth award of the Good Conduct Medal for the period 3 November 1982 to 2 November 1985. Therefore, the applicant’s records should be corrected to show this award.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the sixth award of the Good Conduct Medal for the period 3 November 1982 to 2 November 1985.

BOARD VOTE:

RVO____ RWA___ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor
                  CHAIRPERSON




INDEX

CASE ID AR2002070310
SUFFIX
RECON
DATE BOARDED 20020620
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0056
2.
3.
4.
5.
6.


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