PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 June 2002       
	DOCKET NUMBER:   AR2002070310

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 military records to show the sixth award of the Good Conduct Medal.

3.  The applicant states that he had been in the Army for 18 years and 6 months and was told that he could not get his sixth award of the Good Conduct Medal because he was overweight.  In support of his application, he submits a copy of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) and his retirement orders.

4.  The applicant’s military records show that he completed over 20 years of active duty on 31 May 1987 when he retired in the rank of staff sergeant.

5.  The applicant’s retirement DD Form 214 shows five awards of the Good Conduct Medal as authorized awards.

6.  The applicant’s service personnel records contain documentation, dated 
10 November 1983, which shows that he was placed in the weight reduction program.  His records also contain documentation, dated 11 April 1984, which shows he was removed from the weight reduction program effective 11 April 1984.  On 29 August 1985, the applicant acknowledged receipt of the disapproval of award of the Good Conduct Medal and elected not to submit a statement on his behalf. 

7.  The applicant’s service personnel records contain a letter of disapproval, dated 29 August 1985, for award of the Good Conduct Medal for the period 
3 November 1982 to 2 November 1985.  This letter states, “During the period of your eligibility for award of the GCMDL [Good Conduct Medal], you have been on the overweight program.”     

8.  There is no evidence in the available records which shows the applicant had a weight problem subsequent to 11 April 1984.

9.  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.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant was placed in the weight reduction program on 10 November 1983.

2.  Evidence of record also shows that the applicant was removed from the weight reduction program on 11 April 1984.

3.  The applicant’s sixth award of the Good Conduct Medal for the period 
3 November 1982 to 2 November 1985 was disapproved because he had been on the overweight program during this period of eligibility.  

4.  Based on the applicant’s success in the weight reduction program, the Board finds that the commander’s decision to disqualify the applicant from receiving a sixth award of the Good Conduct Medal for being overweight is inequitable.

5.  Based on the foregoing, the Board determined that, as a matter of equity, the applicant be awarded the sixth award of the Good Conduct Medal for the period 3 November 1982 to 2 November 1985.  Therefore, the applicant’s records should be corrected to show this award.

6.  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 that the individual concerned was awarded the sixth award of the Good Conduct Medal for the period 3 November 1982 to 2 November 1985.

BOARD VOTE:  

RVO____  RWA___  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor
		        CHAIRPERSON

INDEX

CASE ID	AR2002070310	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.