MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:             16 December 1998                 
	DOCKET NUMBER:     AC98-10644

	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. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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:  Her records be corrected to show award of the Armed Forces Service Medal.

APPLICANT STATES:  The award was not established until after her separation.

EVIDENCE OF RECORD:  The applicant's military records show she enlisted on 9 August 1989.  She completed her training and was awarded military occupational specialty 02J (Clarinet Player).  She served in Berlin, Germany for almost 3 years.  She was honorably separated on 10 January 1996 based on pregnancy.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Armed Forces Service Medal as an authorized award.

There is no indication in her personnel records that she ever served in an area where the Armed Forces Service Medal was authorized.

Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the Armed Forces Service Medal (AFSM) is awarded to members of the Armed Forces who, after 1 June 1992, participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.  To qualify for award of the AFSM, service members must be bona fide members of a unit participating for one or more days in the operation within the designated area of eligibility, meet be engaged in direct support for                   30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration), or for 60 nonconsecutive days provided that support involves entering the area of eligibility.  Currently, this award has been authorized for service in the former Republic of Yugoslavia (Operation Joint Endeavor) during the period 1 June 1982 to 19 December 1996 and Operation Joint Guard from 20 December 1995 to a date yet to be determined.  In addition, it was authorized for service in Haiti from 1 April 1995 to a date yet to be determined.

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 showing the applicant qualified for award of the Armed Forces Service Medal; therefore, she is not entitled to this award.

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

EMW________  LEM________  CJS________  DENY APPLICATION

						Loren G. Harrell
						       Director
						Director

INDEX

CASE ID	AC9810644/AR1998014197	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981216	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.