BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120018889 


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.

2.  The applicant states:

	a.  he received a disqualification for the AGCM while under medical care preventing his participation in the Army Weight Control Program (AWCP);

	b.  while he turned in the paperwork confirming his medical condition, it was not submitted with the statement;

	c.  subsequently, he was found to have two medical conditions that led to his weight gain; and

	d.  his suspension of favorable personnel actions (flag) was not lifted until he was sent to Trial Defense Services for separation under the AWCP in 2010.

3.  The applicant provides:

* memorandum, dated 19 August 2009
* DD Form 689 (Individual Sick Slip), dated 29 March 2011
* memoranda for record (MFR), dated 26 August 2010 and 3 May 2011
* DA Form 3349 (Physical Profile), dated 27 August 2011
* Enlisted Record Brief (ERB), dated 28 September 2011


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 18 May 1994.  He was trained in and awarded military occupational specialty (MOS) 19K (M-1 Armor Crewman).

2.  He reenlisted on four separate occasions and continues to serve on active duty in the rank of staff sergeant.  He is currently assigned to Headquarters and Headquarters Battalion (Operations), 25th Infantry Division (ID), Schofield Barracks, Hawaii.

3.  His Army Military Human Resource Record (AMHRR) contains Detachment B, 509th Personnel Services Battalion, Permanent Orders (PO) Number 72-505, dated 13 March 2006, which announced his 4th Award of the AGCM for the period 17 May 2003 through 16 May 2006.  This award of the AGCM confirms his receipt of three prior AGCM's for the periods 18 May 1994-17 May 1997; 18 May 1997-17 May 2000; and 18 May 2000-17 May 2003.

4.  His AMHRR contains an MFR, dated 2 February 2010.  It shows the applicant's commander informed the applicant of his disqualification for the AGCM for the period 16 May 2006 to 16 May 2009 for offenses he committed during this time frame and for the disciplinary actions taken against him.  The applicant authenticated this document with his signature indicating he understood the unfavorable information presented against him and would submit a statement or documents on his behalf.  (These documents are not included in his AMHRR.)

5.  On 13 July 2012, Headquarters and Headquarters Battalion, 25th ID, published PO Number 193-018.  It announced the applicant's fifth award of the AGCM for the period 18 May 2009-17 May 2012.

6.  The applicant provides the following documents which show, in part and/or combined, he was not medically cleared to participate in the AWCP beginning 19 August 2009, he has an underlying medical condition requiring treatment, he has multiple medical conditions exempting him from the AWCP, and he had a temporary physical profile due to hypothyroidism and type II diabetes:

* Headquarters, 25th ID Special Troops Battalion, memorandum, dated 19 August 2009
* DD Form 689, dated 29 March 2011
* MFR's, dated 26 August 2010 and 3 May 2011
* DA Form 3349, dated 27 August 2011

7.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by his or her exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

	a.  The immediate unit commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual's official records for periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comments by such previous commanders qualifies the use of such period toward the award by the current commander.

	b.  Throughout a qualifying period, each enlisted Soldier must meet all of the following criteria for an award:  the immediate commander evaluates the Soldier's character as above reproach and the record of service indicates the Soldier has willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted him or herself in such an exemplary manner as to distinguish him or her from his or her fellow Soldiers.

	c.  While any record of nonjudicial punishment could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying.  The commander analyzes the record, giving consideration to the nature of the infraction and the circumstances under which it occurred and when.

	d.  In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, MOS, and experience.  Individuals whose retention is not warranted under certain standards or for whom a bar to reenlistment has been approved under the selected provisions/reasons are not eligible for award of this medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to an additional AGCM for the period 18 May 2006 through 17 May 2009.

2.  The evidence of record confirms the applicant's commander disqualified him from receiving an AGCM for the period in question based on offenses he committed and the resulting disciplinary actions taken against him.  The disqualification did not specifically identify the offenses committed by the applicant.  Therefore, it is unknown if his participation in the AWCP was the offense and/or included in the offenses which formed the basis for his disqualification for this award.  Further, none of the medical evidence provided by the applicant shows he was exempted from participating in the AWCP prior to 19 August 2009 and/or during the 3-year period of consideration for the AGCM in question.)

3.  Absent any information confirming the specific offenses the applicant committed and resulting disciplinary action that led to his disqualification during the period in question for this AGCM, there is insufficient evidence to corroborate his claims.  Accordingly, there is no basis to overturn the immediate commander's decision made based on his or her personal knowledge of the applicant and his official records for periods of service under previous commanders during the period for which the award is to be made.  Therefore, there is insufficient evidence to support granting the requested relief in this case.

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.

ABCMR Record of Proceedings (cont)                                         AR20120018889



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ABCMR Record of Proceedings (cont)                                         AR20120018889



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