Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080913C070215
Original file (2002080913C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002080913


         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. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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 records to show the second award of the Good Conduct Medal.

3. The applicant states that he was denied his second award of the Good Conduct Medal because he was 10 pounds overweight. He states that he never had any disciplinary actions against him. He claims that he was told that he was 10 pounds overweight, but he passed all of his PT tests. The applicant did not submit any documents in support of his application.

4. The applicant’s military records show that the applicant enlisted in the Regular Army on 2 December 1981 for a period four years. He successfully completed basic and advanced individual training and served as a track vehicle repairer in Germany from 6 June 1982 through 25 May 1984. He reenlisted on 26 November 1985 and served another tour in Germany from 29 April 1987 through 16 July 1990. The applicant was honorably discharged from active duty on 17 July 1990 under the provisions of Army Regulation 635-200, chapter 5, for Failure To Meet Army Weight Control Standards.

5. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows entitlement to the first award of the Good Conduct Medal.

6. The applicant's personnel records contain Headquarters, I Corps and Fort Lewis Permanent Orders Number 224-65, dated 20 November 1984, which awarded him the first award of the Good Conduct Medal for the period 2 December 1981 to 1 December 1984.

7. There is no evidence of record which shows the applicant received the second award of the Good Conduct Medal. There also is no evidence of a memorandum by the chain of command disqualifying the applicant from receiving the second award of the Good Conduct Medal for the period 2 December 1984 to 1 December 1987.

8. The applicant's personnel records contain a DA Form 4126-R (Bar to Reenlistment Certificate) which shows he entered the Weight Control Program on 7 May 1988 at 211 pounds (48 pounds over his screening weight).

9. His personnel records contain a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 21 November 1988, which shows he was flagged effective on 9 November 1988 and was entered into the Weight Control Program.

10. The evidence of record shows that the flag initiated against the applicant on 9 November 1988 was removed effective 14 February 1989.

11. Records show that a second flag was initiated against the applicant on 12 July 1989 and he reentered into the Weight Control Program.

12. 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 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. The Board considered the applicant's contention that he was denied his second award of the Good Conduct Medal because he was 10 pounds overweight.

2. Orders show the applicant was awarded the first award of the Good Conduct Medal for the period 2 December 1981 to 1 December 1984.

3. There are no orders which show the applicant was awarded the second award of the Good Conduct Medal for the period 2 December 1984 to 1 December 1987.

4. There is no record of acts of indiscipline during the period 2 December 1984 to 1 December 1987.

5. The Board noted that the applicant received Reports to Suspend Favorable Personnel Actions (Flags) in November 1988 and in July 1989 for exceeding the Army weight standards. However, the Board noted that the applicant received these unfavorable actions subsequent to the period of qualifying service for a second award of the Good Conduct Medal.

6. In view of the facts in this case, the Board has determined that the applicant is entitled to the second award of the Good Conduct Medal for the period 2 December 1984 to 1 December 1987. Therefore, his DD Form 214 will be amended to show this award.

7. 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 the individual concerned was awarded the second award of the Good Conduct Medal.

BOARD VOTE:

FNE____ LEM_____ LCB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON




INDEX

CASE ID AR2002080913
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030506D
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. Schneider
ISSUES 1. 107.0056
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2013 | 20130013174

    Original file (20130013174.txt) Auto-classification: Denied

    This memorandum informed the FSM that he was 22 to 27 pounds over the weight standards prescribed in Army Regulation 600-9 (The Army Weight Control Program). (3) ARPC 600-E which shows he served in the: (a) Regular Army from 1 February 1967 to 30 April 1971 and was credited with 5 good years for retirement (50 or more retirement points per year). * 1 May 1971 to 30 April 1972: 15 points * 1 May 1972 to 2 October 1972: 6 points (c) ARNG from 9 December 1972 to 4 March 1978 and was credited...

  • ARMY | BCMR | CY2003 | 2003085590C070212

    Original file (2003085590C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. Disqualification for an award of the Army Good Conduct Medal can occur at any time during a qualifying period, requiring a new "beginning date" to be established. Despite his otherwise good record, it appears the applicant was properly denied the opportunity to be awarded an AAM or the Army Good Conduct Medal.

  • ARMY | BCMR | CY2004 | 2004101651C070208

    Original file (2004101651C070208.doc) Auto-classification: Denied

    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. In this earlier application for correction of her records, the applicant did not request addition of the Army Commendation Medal to her DD Form 214. AR 600-9, paragraph 22.a, which was in effect at the time the applicant was recommended for award of the Army Commendation Medal, in pertinent part, states that...

  • ARMY | BCMR | CY1990-1993 | 9108000

    Original file (9108000.rtf) Auto-classification: Denied

    Also, he now requests, in effect, placement on the permanent disability retired list, removal of the enlisted evaluation report (EER) covering the period September 1977-August 1978 as a partial basis for the HQDA bar to reenlistment, and the award of the Good Conduct Medal (6th Award). On 3 April 1989, the Board of Veterans Appeals, indicated that the applicant had active service from May 1970 to April 1972 and from December 1972 to March 1986; that the applicant had a transitory psychotic...

  • ARMY | BCMR | CY2012 | 20120010596

    Original file (20120010596.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. b. his first request was denied because he was counseled by his company commander for being in an overweight program and she was going to try and bar him from reenlistment. If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File (currently the Army Military Human...

  • ARMY | BCMR | CY2003 | 2003090647C070212

    Original file (2003090647C070212.rtf) Auto-classification: Denied

    He was denied extension of his enlistment at his expiration term of service (ETS) but the underlying reason was a suspension of favorable personnel actions for being on the Army's weight control program. The 24 January 2002 letter from The Office of the Adjutant General, State of California indicates the applicant's unit requested a one-time waiver, not to exceed 12 months, in order for him to extend to qualify towards attaining 20 qualifying years for retirement. Since he was 48 years old...

  • ARMY | BCMR | CY1995 | 9506078C070209

    Original file (9506078C070209.TXT) Auto-classification: Approved

    He states that he was illegally denied reenlistment which was later corrected by his being authorized an antedated reenlistment. In support of his application he submits a letter from his commander who confirms that the applicant was occupying an E-8 position, that he had forwarded promotion packets for the applicant, and that the applicant was separated under the QMP without being issued a 20 year letter. The USARC recommended that the Board validate the revocation of his 1986 discharge...

  • ARMY | BCMR | CY2002 | 2002073692C070403

    Original file (2002073692C070403.rtf) Auto-classification: Approved

    The applicant’s military records show that he enlisted in the Army Reserve for six years on 5 February 1982 and completed his initial active duty for training. The applicant was discharged on his separation date on 7 October 1991. A separation code of “JBK” identifies an enlisted soldier discharged under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, who is ineligible for, barred from, or otherwise denied reenlistment.

  • ARMY | BCMR | CY2010 | 20100024512

    Original file (20100024512.txt) Auto-classification: Denied

    The applicant requests that his records be corrected to show he is entitled to severance pay. The applicant's EER for the period June 1988 through July 1989, dated 14 August 1989, shows that in March 1989 the applicant passed the APFT and met weight standards. He was properly separated for the DA-imposed bar to reenlistment.

  • ARMY | BCMR | CY2011 | 20110005073

    Original file (20110005073.txt) Auto-classification: Denied

    The applicant requests an upgrade of his general discharge to an honorable discharge. The commander cited his bar to reenlistment due to failure to meet Army weight control standards from March 1990 to September 1991; a notification of dishonored checks; and the NJP for larceny as the basis for his recommendation for discharge. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...