RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 July 2007
DOCKET NUMBER: AR20070001211
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
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jose A. Martinez
Member
Mr. William F. Crain
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 his records be corrected to show the award of the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect, that his AGCM was disapproved because he was flagged for not meeting the Army Weight Control standards. He states he was never in the Army Weight Control Program. He states, in effect, that he signed the acknowledgement memorandum for the disapproval of AGCM with the intent to prove that he was not overweight.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his acknowledgement for disapproval of AGCM memorandum, dated 3 September 2004, a copy of his commander's disapproval of AGCM memorandum, dated 3 September 2004, and a copy of his DA Form 5500-R (Body Fat Content Worksheet-(Male)), dated 6 September 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he entered active duty on 9 August 2001. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 11B1O (Infantryman). He was honorably discharged on 8 July 2005. He had completed 3 years and 11 months of active service.
2. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Army Lapel Button, Global War on Terrorism Service Medal, Army Service Medal and the Overseas Service Ribbon.
3. The commander's disapproval of AGCM memorandum, dated
3 September 2004 shows that the period of service for the applicant's disapproval was from 9 August 2001 to 9 August 2004. It also shows that the memorandum was imposed as an administrative action under the provision of Army Regulation 600-37 (Unfavorable Information).
4. The applicant signed the acknowledgement memorandum that states "I have read and understand the unfavorable information presented against me and submit the attached statement or documents on my own behalf."
5. The applicant's body fat content worksheet, dated 6 September 2004 shows that his percent body fat was 19.22 percent, which is below his authorized body fat percentage of 20 percent.
6. 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.
7. This same regulation furthers states, in pertinent part, for instances of disqualification as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision. The memorandum will include the period of disqualification and will be refer to the Soldier according to Army Regulation 600-37, paragraph 3-6. The commander will consider the Soldier's statement; however, if the commander decision remains the same, he will forward his or her memorandum, the Soldier's statement, and his or her consideration to the appropriate agency to be filed permanently in the Soldier's Official Military Personnel File.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the AGCM.
2. The applicant does not meet the criteria for the first award of the Army Good Conduct Medal. This is based on the fact that the commander's disapproval memorandum, dated 3 September 2004 shows that the period of service for the applicant's disapproval was from 9 August 2001 to 9 August 2004. The applicant submitted his acknowledgement memorandum, dated 3 September 2004 along with his body fat content worksheet, dated 6 September 2004 for reconsideration. However, the body fat content worksheet was dated outside the qualifying period of service for the AGCM.
3. It is reasonable to presume that the commander's disapproval of the applicant's AGCM had remained the same. Therefore, the applicant is not entitled to the award of the AGCM for period 9 August 2001 to 9 August 2004.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____jam_ ___jea___ ___wfc__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_________James E. Anderholm______
CHAIRPERSON
INDEX
CASE ID
AR20070001211
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070712
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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