MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 January 1999                   
	DOCKET NUMBER:   AR1998013459

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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:  That a copy of the DA Form 638, Recommendation for Award, that was dated 9 December 1988 and recommended him for an Army Commendation Medal (ARCOM) be filed in his Official Military Personnel File (OMPF).  The award was downgraded to an Army Achievement Medal (AAM).

APPLICANT STATES:  That, per Army regulation, DA Forms 638 for downgraded awards must be filed in the soldier’s OMPF.

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

He was recommended for an ARCOM on 9 December 1988 while assigned to the Active Guard Reserve Management Directorate (AGRMD), Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri, from 1 April 1985 to 16 February 1989.  The award was downgraded to an AAM and presented on 25 January 1989.

Army Regulation 672-5-1, Military Awards, then in effect, prescribed the policy, criteria, and administrative instructions for processing individual military decorations.  It stated, in pertinent part, that a completed copy of the DA Form 638, Recommendation for Award, would be filed in the soldier’s Military Personnel Records Jacket (MPRJ) as a temporary document.  There were no provisions for filing DA Form 638 in a soldier’s OMPF.

Army Regulation 600-8-22, Military Awards, now in effect, requires that a completed copy of DA Form 638 for all downgraded awards be filed in the soldier’s OMPF.  This policy was not in effect in 1988-89.

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

1.  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.

2.  When the applicant’s ARCOM was downgraded to an AAM, there was no requirement for filing of the DA Form 638 in the OMPF.  A copy was filed in the soldier’s local MPRJ on a temporary basis and removed at a later time or when the soldier departed the unit.

3.  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_  __SLP __  __KAN___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013459	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.