MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            2 December 1998                 
	DOCKET NUMBER:   AC98-10004

	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. 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:  That his records be corrected to show entitlement to award of the Meritorious Service Medal.

APPLICANT STATES:  That he was awarded the Meritorious Service Medal at the time of his retirement and was on terminal leave at the time.

EVIDENCE OF RECORD:  The applicant's military records show that the applicant reenlisted on 9 October 1986, with 14 years, 4 months and 17 days of prior active service.  He was separated from active duty on 30 June 1992 and transferred to the Retired List the following day.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 June 1992, does not show the Meritorious Service Medal as an authorized award.

There is no indication in the applicant’s records that he was recommended for or awarded the Meritorious Service Medal.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a non-combat area.  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 recommendation, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.

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 of record, and the applicant has not provided any evidence, to support his request for award of the Meritorious Service Medal.

2.  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.

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____  GDP____  JHK_____  DENY APPLICATION

						Loren G. Harrell
						      Director