PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               6 May 2003
	DOCKET NUMBER:       AR2002080913

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 records to show the second award of the Good Conduct Medal.

3.  The applicant states that he was denied his second award of the Good Conduct Medal because he was 10 pounds overweight.  He states that he never had any disciplinary actions against him.  He claims that he was told that he was 10 pounds overweight, but he passed all of his PT tests.  The applicant did not submit any documents in support of his application.

4.  The applicant’s military records show that the applicant enlisted in the Regular Army on 2 December 1981 for a period four years.  He successfully completed basic and advanced individual training and served as a track vehicle repairer in Germany from 6 June 1982 through 25 May 1984.  He reenlisted on 26 November 1985 and served another tour in Germany from 29 April 1987 through 16 July 1990.  The applicant was honorably discharged from active duty on 17 July 1990 under the provisions of Army Regulation 635-200, chapter 5, for Failure To Meet Army Weight Control Standards.

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows entitlement to the first award of the Good Conduct Medal.

6.  The applicant's personnel records contain Headquarters, I Corps and Fort Lewis Permanent Orders Number 224-65, dated 20 November 1984, which awarded him the first award of the Good Conduct Medal for the period 2 December 1981 to 1 December 1984.

7.  There is no evidence of record which shows the applicant received the second award of the Good Conduct Medal.  There also is no evidence of a memorandum by the chain of command disqualifying the applicant from receiving the second award of the Good Conduct Medal for the period 2 December 1984 to 1 December 1987. 

8.  The applicant's personnel records contain a DA Form 4126-R (Bar to Reenlistment Certificate) which shows he entered the Weight Control Program on 7 May 1988 at 211 pounds (48 pounds over his screening weight).  

9.  His personnel records contain a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 21 November 1988, which shows he was flagged effective on 9 November 1988 and was entered into the Weight Control Program.

10.  The evidence of record shows that the flag initiated against the applicant on 9 November 1988 was removed effective 14 February 1989.

11.  Records show that a second flag was initiated against the applicant on 12 July 1989 and he reentered into the Weight Control Program.  

12.  Army Regulation 600-8-22 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.  The Board considered the applicant's contention that he was denied his second award of the Good Conduct Medal because he was 10 pounds overweight.

2.  Orders show the applicant was awarded the first award of the Good Conduct Medal for the period 2 December 1981 to 1 December 1984.

3.  There are no orders which show the applicant was awarded the second award of the Good Conduct Medal for the period 2 December 1984 to 1 December 1987.

4.  There is no record of acts of indiscipline during the period 2 December 1984 to 1 December 1987.

5.  The Board noted that the applicant received Reports to Suspend Favorable Personnel Actions (Flags) in November 1988 and in July 1989 for exceeding the Army weight standards.  However, the Board noted that the applicant received these unfavorable actions subsequent to the period of qualifying service for a second award of the Good Conduct Medal.

6.  In view of the facts in this case, the Board has determined that the applicant is entitled to the second award of the Good Conduct Medal for the period 2 December 1984 to 1 December 1987.  Therefore, his DD Form 214 will be amended to show this award.

7.  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 the individual concerned was awarded the second award of the Good Conduct Medal.

BOARD VOTE:  

FNE____  LEM_____  LCB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002080913	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030506D	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.