MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            28 January 1999
	DOCKET NUMBER:   AC98-11034
                                              AR1998013499

	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. Lee Cates 		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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 his records be corrected to show a second award of the Army Achievement Medal.

APPLICANT STATES:  That he should have been awarded the Army Achievement Medal upon his permanent change of station from Bosnia.

COUNSEL CONTENDS:  Counsel was silent on the issue.

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

The applicant enlisted on 20 November 1992.  He served in Bosnia during the period 28 December 1995 to 19 November 1996.  He was honorably separated on 31 May 1997.

The applicant’s DD Form 214, with a separation date of 31 May 1997, does not show the second award of the Army Achievement Medal.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a non-combat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the primary requirement for award of a decorations that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

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.  There is no evidence which shows the applicant was recommended for or awarded the second award of the Army Achievement Medal; therefore, he is not entitled to the second award of the Army Achievement Medal.

2.  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

LLS_____  RWG___  CLG_____  DENY APPLICATION

						Loren G. Harrell
						       Director

INDEX

CASE ID	AC98-11034 /AR1998013499	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970531	
DISCHARGE AUTHORITY	AR635-200, ch 5-3	
DISCHARGE REASON	Secretarial Authority	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.