MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            29 June 2000                  
	DOCKET NUMBER:    AR2000036850

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 the Meritorious Service Medal (MSM) recommended by his Recruiting Brigade Commander be honored and that the MSM 1st Oak Leaf Cluster (OLC) be awarded.

APPLICANT STATES:  That after completing his tour in the US Army Recruiting Command (USAREC), he was recommended for the MSM 1st OLC.  He was awarded the Army Commendation Medal (ARCOM) 5th OLC pending final determination of the MSM recommendation.  His chain of command strongly supported award of the MSM.  He contends that he never received a final determination on the MSM recommendation.  He has, in a subsequent assignment, been awarded a MSM 1st OLC, thus, if the Board approves his request, it would be for the MSM 2nd OLC.

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

At the time of the events in question, he was serving as a SFC with the US Army Recruiting Command.  He is currently a captain on active duty.  

At the conclusion of his approximately one-year tour of duty with USAREC, he was recommended for award of the MSM 1st OLC which was concurred in  through his brigade commander.  Since the approval authority for the MSM was the Commanding General USAREC, he was awarded the ARCOM 5th OLC as an interim award pending approval of the MSM.

On 29 May 1991, USAREC disapproved the MSM stating that the ARCOM 5th OLC was an appropriate award.  Although the memorandum announcing the denial was returned to his command, apparently the applicant was not informed of the decision.

In the processing of this case, a staff advisory opinion was obtained from the U.S. Total Army Personnel Command (PERSCOM).  PERSCOM recommended that the applicant’s request for the MSM in lieu of the ARCOM be denied.  Incorporated with their opinion was a copy of the USAREC decision regarding the MSM.

The PERSCOM opinion was provided to the applicant, and on 2 April 2000, he responded with a rebuttal.  He acknowledged the USAREC decision on his MSM award but wished for the Board to evaluate his recruiting tenure to determine if 

denial of the MSM was fair and due process.  In support of his request, he furnished a packet of evaluation reports, awards received and articles/interviews he was the recipient of during his time in USAREC which, portray an outstanding soldier.  

Army Regulation 600-8-22, Military Awards, provides in pertinent part that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

The same regulation provides that during peacetime, commanders in the grade of major general or above may approve award of the MSM to US Army personnel assigned and attached for duty to their command.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  Based on the documents submitted by the applicant, it appears that he was indeed an impressive soldier and his performance and achievements while with the USAREC were certainly worthy of recognition.

2.  However, in the absence of extraordinary circumstances the Board is reluctant to substitute its judgment for that of the commander, who was on the scene at the time, on the question of which award was more appropriate - the MSM or the ARCOM. 

3.  As a matter of long-standing policy, a recommendation which has been formally entered into channels, properly processed and correctly acted upon by a commander or other official vested with the legal authority to act in finality is not subject to challenge or reconsideration.  In the absence of material evidence of impropriety or administrative error, none of which are evident in this case, there is no basis to reconsider the judgment of the USAREC commander in this matter. 

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 ____  ___jns___  ___mhm_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036850	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000929	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.