MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           2 December 1998                   
	DOCKET NUMBER:   AC98-11522

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Soldier’s Medal.    

APPLICANT STATES:  That his battalion commander recommended him for award of the Soldier’s Medal.  In support of his application, he submits a copy of DA Form 638-1 (Recommendation for Award of Army Commendation Medal), dated 26 November 1991.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered active duty on 8 January 1991, trained as an infantryman and was released from active duty with an honorable discharge on 7 October 1992.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated in his own hand, does not show the Soldier’s Medal as an authorized award.  

The applicant provided a copy of DA Form 638-1, dated 26 November 1991, which shows the Army Commendation Medal was approved for meritorious achievement during the period 16 October 1991 to 17 October 1991.  Item 22i (Battalion Commander Comments) of the DA Form 638-1 shows “Strongly recommend approval as an interim award pending approval of Soldier’s Medal by DA”.

There are no orders for award of the Soldier’s Medal in the applicant’s personnel records.  Informal coordination with the Awards Branch of the Total Army Personnel Command resulted in a search for a General Order awarding the applicant the Soldier’s Medal; however, no order was found. 

Headquarters, 25th Infantry Division Permanent Order Number 18-17, dated
28 January 1992, published award of the Army Commendation Medal.

Army Regulations 600-8-22 (Military Awards), provides in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving conflict with the enemy.  The action must have involved personal danger or hazard and the voluntary risk of life.  Awards are not to be based solely upon the saving of a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence of record shows the applicant was awarded the Army Commendation Medal, as recommended and approved by the proper approval authorities.  

2.  There is no evidence available to the Board, and the applicant has provided no evidence, that shows he was awarded the Soldier’s Medal.  Therefore, he is not entitled to award of the Soldier’s Medal.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO____  GDP____  JHK_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11522	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981202	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19921007	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.