MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 October 1998                   
	DOCKET NUMBER:   AC98-10504

	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:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		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 Army Commendation Medal and an unspecified “unit combat citation”.  

APPLICANT STATES:  That he received the Army Commendation Medal and served in an active combat unit during the Vietnam War.  

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

The applicant entered active duty on 16 December 1971.  He served as clerk typist and company clerk in Alaska from 25 June 1972 until he was honorably discharged on 17 July 1975.

The applicant’s DD Form 214 (Report of Separation from Active Duty), which was authenticated in his own hand, does not show the Army Commendation Medal or any combat citations as authorized awards.

There are no orders in the applicant’s records which show he was awarded or recommended for the Army Commendation Medal.

There is no evidence in the applicant’s service personnel records that show he served in Vietnam.

Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 670-1, in pertinent part, states that unit citations are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

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 available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal.  Therefore, he is not entitled to this award.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was assigned to a combat unit or served in Vietnam. Therefore, he is not entitled to correction of his military records to show award of any unit combat citation.  

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

JHL_____  CWB____  RVO____  DENY APPLICATION

						Loren G. Harrell
						Director