MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2000
	DOCKET NUMBER:   AR2000041780

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Ms. Karol A. Kennedy		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:  Award of the Army Commendation Medal.

APPLICANT STATES:  That his sergeant put him in for the award, but he never received it.  He contends that he was a member of Company C of the 12th Infantry at Fort Carson, Colorado, in 1985 when this award was submitted.

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

The applicant entered active duty on 14 June 1983 and completed training as an infantryman.  He served at Fort Carson, Colorado, and was then assigned to Germany.  He was discharged with a General Discharge Certificate on 19 June 1986 under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance.

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

There are no orders in the applicant’s personnel records which entitle him to award of the Army Commendation Medal.  There is no evidence in the applicant’s records that he was recommended for award of the Army Commendation Medal.

The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) does not show the Army Commendation Medal in item 9 (Awards, Decorations & Campaigns).

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.

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, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal.

2.  In the absence of evidence of an award recommendation for the Army Commendation Medal to the applicant, there is no basis to approve an award of the Army Commendation Medal for him almost 15 years after the fact.

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

___DJ___  ___EL___  __KAK__  DENY APPLICATION

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

INDEX

CASE ID	AR2000041780	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19860619	
DISCHARGE AUTHORITY	AR 635-200, chap 13	
DISCHARGE REASON	UNSAT PERFORMANCE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.