MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 March 2000     
	DOCKET NUMBER:   AR1999029303

	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:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, 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:  In effect, correction of his military records to show awards and decorations for his service in combat and the “American Defense Ribbon” (correctly known as the American Defense Service Medal (ADSM)) and the “European” (correctly known as the European-African-Middle Eastern (EAME) Campaign Medal).   

APPLICANT STATES:  In effect, that he served 18 months combat duty during two overseas operations.  He also contends that the ADSM and the EAME Campaign Medal were shipped overseas while he was in the hospital.  In support of his application, he submits two DD Forms 214 (Report of Separation from Active Duty).  

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

The applicant enlisted on 6 April 1974 in the USAR Delayed Entry Program (DEP) for a period of 6 years.  He was honorably discharged from the USAR DEP on 5 May 1974 for immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 6 May 1974 for a period of 3 years.  The applicant served as a field artillery crewman in Germany from 18 September 1975 through
15 March 1976 and was honorably discharged on 31 March 1977.  He reenlisted on 1 April 1977 for a period of 4 years.  He served as a field artillery crewman in Germany from 24 August 1977 through 15 February 1978.  The applicant was separated from active duty with an honorable discharge on 1 June 1979 and placed on the Temporary Disability Retired List (TDRL) because of physical disability (50 %) on 2 June 1979.  He was removed from the TDRL and permanently retired (30 %) on 30 April 1981.

The applicant’s DD Forms 214 do not show any awards or decorations for combat service.  His records do not show the ADSM or the EAME Campaign Medal as authorized awards. 

There is no evidence in the applicant’s personnel records which shows that he served in combat during his service in the Army.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

Army Regulation 600-8-22, provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.

Appendix B (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards) does not list an authorized combat campaign during the period of the applicant’s service in the Army (6 May 1974 through 1 June 1979).   

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.  The applicant did not serve between 8 September 1939 and 7 December 1941; therefore, he is not entitled to award of the ADSM.

2.  The applicant did not serve between 7 December 1941 and 8 November 1945; therefore, he is not entitled to award of the EAME Campaign Medal.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he participated in combat during his period of service in the Army.  The governing regulation does not show an authorized campaign during the period of the applicant’s service in the Army; therefore, he is not entitled to any combat related awards or decorations.     

4.  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.

5.  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

BJE_____  HOF____  EWL____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029303	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19799601	
DISCHARGE AUTHORITY	AR 635-40   	
DISCHARGE REASON	Temporary Disability Retired List	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0065	
2.	107.0061	
3.		
4.		
5.		
6.