MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 January 2000   
	DOCKET NUMBER:    AR1999028671

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the “Multinational Force” (correctly known as the Multinational Force and Observers (MFO) Medal), the Southwest Asia Campaign Ribbon (correctly known as the Southwest Asia Service Medal (SWASM)), the Kuwait Liberation Medal (KLM) and the Army Commendation Medal (ARCOM) with First Oak Leaf Cluster. 

APPLICANT STATES:  That his battalion fought in Operation Desert Storm and  he was activated from Germany.  He also contends that he did not have an Oak Leaf Cluster attached to his ARCOM.  In support of his application, he submits Southwest Asia documentation (notification letter of health risk pertaining to nerve agents, memorandum pertaining to awards and decorations authorized for Southwest Asia service, copies of Leave and Earnings Statements, two letters from the U.S. Army Reserve Personnel Center dated 7 May 1993 and 14 March 1994), a copy of DA Form 638 (Recommendation for Award) dated 17 March 1991 and a copy of his DD Form 214.     

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

The applicant enlisted on 28 July 1987 for a period of 4 years.  He served as a crane operator in Germany and Southwest Asia and was honorably discharged on 27 July 1991.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the MFO Medal, the SWASM, the KLM or the ARCOM with First Oak Leaf Cluster as authorized awards.    

The applicant’s personnel records fail to show that he completed a cumulative six-month tour with the Multinational Force and Observers.

A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued on 9 September 1994 amending the applicant’s DD Form 214 to show award of the SWASM with three bronze service stars and the KLM.  Therefore, these portions of the applicant’s request will not be discussed further in the proceedings. 

The applicant provided a copy of DA Form 638 (Recommendation for Award), dated 17 March 1991, which shows he received the ARCOM for meritorious achievement for the period 17 January 1991 to 4 March 1991.  This award is shown on the applicant’s DD Form 214.  The Board noted that the “Previous Awards” section of the DA Form 638 shows two awards of the Army Achievement Medal, the Overseas Service Ribbon and the Army Service Ribbon.    

There is no evidence in the applicant’s personnel records that he was recommended for or awarded the ARCOM with First Oak Leaf Cluster.  Item
9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the ARCOM with First Oak Leaf Cluster. 

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Multinational Force and Observers (MFO) Medal which was accepted by the President on 28 July 1982.  To qualify for the award, personnel must have served with the MFO at least 90 days cumulative after 3 August 1981.  Effective 15 March 1985, personnel must serve six months (170 days minimum) with the MFO to qualify for the award.  Periods of service on behalf of the MFO outside of the Sinai and periods of leave while a member is serving with the MFO may be counted toward eligibility for the MFO medal.  If an individual has not completed a cumulative six month tour, then he or she is not eligible for award of the MFO medal unless the award is to be made posthumously, the member is medically evacuated due to service incurred injuries or serious illness, or the member is withdrawn at the request of the parent government for national service reasons under honorable conditions.  Qualifying time for award of the MFO medal may be lost for disciplinary reasons.

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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

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.  Although the applicant contends that he is entitled to award of the MFO Medal, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for the MFO Medal.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

2.  Notwithstanding the applicant’s contention that he is entitled to award of the ARCOM with First Oak Leaf Cluster, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the ARCOM with First Oak Leaf Cluster.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.    
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

RVO____ CLG_____  JPI_____  DENY APPLICATION

						Karl F. Schneider
	                                            	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028671	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910727	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0087	
2.	107.0074	
3.	107.0089	
4.	107.0020	
5.		
6.