IN THE CASE OF:    

		BOARD DATE:  25 August 2015	  

		DOCKET NUMBER:  AR20150001181 


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 reconsideration of his request for award of the Army Good Conduct Medal (AGCM).

2.  He states the memorandum for disapproval of the AGCM indicates he was flagged for the Army Weight Control Program (AWCP) which was inaccurate and unjust.  He maintains he was never flagged for the AWCP.  The regulation states that Soldiers who do not meet the height and weight standards will be flagged and all favorable action will be suspended.  He argues that he received numerous awards and accommodations which were contrary to the standards.  Additionally, he states one month prior to the commander's disqualification memorandum he was awarded the Army Commendation Medal (ARCOM).

3.  He provides:

* DA Form 4187 (Personnel Action), dated 31 July 2002
* North Atlantic Treaty Organization (NATO) Medal Certificate
* Kosovo Campaign Medal Certificate, dated 27 October 2002
* DA Form 4187-E (Personnel Action), dated 19 February 2003
* DA Form 638 (Recommendation for Award) with Army Achievement Medal (AAM) Certificate, dated 21 July 2003
* Permanent Orders 153-73, dated 1 June 2004
* DA Form 638  with ARCOM Certificate, dated 6 August 2004
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 5500-R (Body Fat Content Worksheet), dated 6 September 2004

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070001211, on 12 July 2007.

2.  The applicant enlisted in the Regular Army on 9 August 2001.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 11B1O (Infantryman).  

3.  He provides:

   a.  A DA Form 4187, dated 31 July 2002, that shows he was promoted to private first class (PFC)/E-3 effective and with a date of rank of 1 August 2002.
   
   b.  A certificate, dated 27 October 2002, that recognized his outstanding service and dedication to the peacekeeping mission in Kosovo.
   
   c.  A NATO Medal Certificate that shows he was awarded this medal for NATO Operations in relation to Kosovo during the period 30 April to 3 November 2002.
   
   d.  A DA Form 4187-E, dated 19 February 2003, that shows he was promoted specialist four (SPC)/E-4 effective and with a date of rank of 1 March 2003.
   
   e  A DA Form 638 with certificate that shows on 21 July 2003, he was awarded the AAM for meritorious achievement while deployed as a Blue Spader from 24 May to 3 June 2003.
   
   f.  Permanent Orders 153-73, dated 1 June 2004, that show he was awarded the Combat Infantry Badge for his service during the period 9 to 12 April 2004.
   
   g.  A DA Form 638 with a certificate that shows on 6 August 2004 he was awarded the ARCOM for meritorious achievement while assigned as a rifleman for the Apache Company during a search and rescue mission from 8 to 11 July 2004.
   
4.  On 3 September 2004, the commander disapproved the applicant's award of the AGCM.  The commander stated in his memorandum that the disapproval was based on the applicant being flagged for the AWCP.  The period of service for the applicant's disapproval was from 9 August 2001 to 9 August 2004.  The memorandum was imposed as an administrative action under the provision of Army Regulation 600-37 (Unfavorable Information).  

5.  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."  However, no attached statement or documents were contained in his official military personnel file (OMPF).

6.  The applicant's body fat content worksheet, dated 6 September 2004, lists his age as 20 and his height/weight as 73/188, respectively.  Additionally, his body fat content was 19.22 percent; his authorized percentage was 20%. This form is not checked as required to indicate whether or not the "Individual is or is not in compliance with Army standards."  

7.  On 8 July 2005, the applicant was honorably released from active duty and credited with completing 3 years and 11 months of active service.  His 
DD Form 214 does not show award of the AGCM.  

8.  On 21 July 2006, the applicant underwent a physical examination for entry into the U.S. Army Reserve.  The examination shows his height/weight as 71.5/216, respectively.

9.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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 AGCM, disqualification must be justified.
	
10.  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 OMPF.

11.  Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions) provides policies regarding the initiation, transfer, removal, and management of flags.  The regulation states, in pertinent part, that a flag will be initiated on Soldiers who are found to be in noncompliance with the AWCP.  The effective date of the flag is the date the Soldier was found to be in noncompliance with Army Regulation 600-9 (The AWCP).

12.  The same regulation identifies Soldiers in an unfavorable status and flagged as those Soldiers who are not cleared for movement, permanent or temporary, and/or not cleared to receive an award or decoration.  This includes Soldiers currently under the Uniform Code of Military Justice process (to include Article 15 procedures and courts-martial procedures), investigations, and Soldiers failing to meet Army standards for retention (to include Army Physical Fitness Test failure and AWCP). 

13.  Army Regulation 600-9, in effect at the time, established policies and procedures for the implementation of the program.  

   a.  Table 3-1 provides the weight and height screening table.  It shows, in pertinent part, that a male Soldier, between 17 and 20 years of age and his height is 73 inches the maximum allowable weight is 195 pounds.  If his height is listed as 72 inches (71.5 inches rounded up) his maximum allowable weight is 190 pounds.

   b.  Paragraph 3-2b states that Soldiers not meeting body fat standards after 
1 year from the date of entry into the active Army will be entered in the AWCP and flagged under the provisions of Army Regulation 600-8-2 by the unit commander.  Enrollment in a weight control program starts the day that the Soldier is informed by the unit commander that he/she has been entered in a weight control program.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows on 3 September 2004, the commander disapproved the applicant's award of the AGCM for the period 9 August 2001 to 
9 August 2004 based on the applicant being flagged for the AWCP.  On the same date, the applicant signed a memorandum acknowledging that he read and understood the information presented against him.

2.  The applicant argues that he was not flagged for the AWCP and maintains that if he had been flagged he would not have received the numerous awards and accommodations that he provided with his application.  However, it is noted that these awards were dated several months prior to or after the ending period of the AGCM (9 August 2004) and the commander's disqualification memorandum (3 September 2004).  Therefore, it is reasonable to assume at the time he was promoted and awarded his decorations/medals he was not flagged.  It appears the flagging action did not occur until the latter part of his eligibility for the AGCM. 

3.  The applicant provided a body fat content worksheet that indicates he was in compliance with Army standards on 6 September 2004.  However, based on regulatory guidance, if he was 73 inches tall and 188 pounds he would not have been required to be taped since he would have been 7 pounds under the screening weight unless he was flagged and enrolled in the AWCP which he denies.  

4.  Nevertheless, there is no evidence and the applicant has not provided any to show that the commander's disqualification memorandum was rendered in error or was unjust.  Likewise, he has provided no evidence to discount his signature on the memorandum acknowledging that the commander informed him of the disapproval of the AGCM.  

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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070001211, dated 12 July 2007.



      _______ _  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)                                         AR20150001181



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ABCMR Record of Proceedings (cont)                                         AR20150001181



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