IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120009884
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, award of the Army Good Conduct Medal (2nd Award) for his honorable period of service from 4 November 2007 through 3 November 2010 and any other award he may be entitled to at his expiration of term of service.
2. He states, in effect, there are awards which are not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). His unit was gearing up for another second deployment and he personally feels that he fell through the cracks during this highly stressful time.
3. He provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he enlisted in the Regular Army in pay grade E-3 on 4 November 2004 for 6 years. He completed training and was awarded military occupational specialty 68W (Health Care Specialist). He was promoted to pay grade E-4 on 1 November 2006.
2. Permanent Orders 360-01 issued by Headquarters, U.S. Army Medical Department Activity, Fort Sill, Oklahoma, on 26 December 2007, awarded him the Army Good Conduct Medal (1st Award) for the period 4 November 2004 through 7 November 2007.
3. Section I (Assignment Information) of his Enlisted Record Brief (ERB) shows a Flag (Suspension of Favorable Personnel Action) was initiated against him on 25 February 2010 and flag code "KA". Section III (Service Data) of this ERB notes that his Reenlistment Eligibility/Prohibition code was "10." His Army Good Conduct Medal eligibility date is noted as 3 November 2010.
4. He was honorably released from active duty in pay grade E-4 on 3 November 2010, for completion of required active service, and was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 6 years of net active service and no time lost. His DD Form 214 lists the:
* Afghanistan Campaign Medal with one bronze service star
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal
* Combat Medical Badge
* Combat Action Badge
* Certificate of Achievement
5. Item 18 (Remarks) of his DD Form 214 contains the entry, "SERVICE IN AFGHANISTAN 20080927-20090619."
6. Item 27 (Reentry Code) of his DD Form 214 contains the entry "3" indicating he completed his term of active service and was separated with a waivable disqualification to reenter the U.S. Army.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. The regulation states:
a. The Army 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 Army Good Conduct Medal, disqualification must be justified.
b. Paragraph 1-17b, provides the policy for a waiver for overweight as an exception. It states a Soldier who is flagged for overweight may be recommended for and presented an award based on valor, heroism, or for length of service retirement. A waiver must be processed to the first general officer in the Soldier's chain of command for approval or disapproved.
8. Army Regulation 601-280 (Army Retention Program) establishes the requirements for eligibility for the reenlistment of Army Soldiers. It states that individuals with an RE code of 3 can normally reenlist in the Army or another service, but will probably require a waiver to be processed. The Immediate Reenlistment Prohibition Code will reflect the Soldier's current reenlistment eligibility status. RE-3 applies to persons separated with a waivable disqualification.
9. Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes) covers assignment eligibility and availability and immediate reenlistment option codes. A review of Immediate Reenlistment Prohibition codes indicates that code "10" means an individual is fully qualified for immediate enlistment/reenlistment.
10. Army Regulation 600-8-2 (Flags) prescribes policies governing flags. Table 3-1 of this regulation lists the codes and reasons of flag transactions. The regulation specifies code "KA" means non-compliance with the Army Weight Control Program, adverse action. The removal of the flag is on the date of compliance.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 4 November 2004 for 6 years. He was awarded the Army Good Conduct Medal (1st Award) for his period of service from 4 November 2004 through 3 November 2007. This award is listed on his DD Form 214.
2. There is evidence that a flag was initiated against him for being overweight on 25 February 2010. His ERB is also noted that he was eligible for award of the Army Good Conduct Medal, in effect a second award, on 3 November 2010. He was released from active duty on this date. It appears the disqualification due to being overweight was not overcome prior to his release from active duty on 3 November 2010. Without evidence to the contrary, he is not entitled to award of Army Good Conduct Medal (2nd Award) for the period 4 November 2007 through 3 November 2010 and its addition to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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