MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 December 2000   
	DOCKET NUMBER:   AR2000047917

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 28 June 2000 to show an additional award of the Army Commendation Medal.

APPLICANT STATES:  That his award of the Army Commendation Medal for the period 4 August 1999 to 9 June 2000 is not shown on his DD Form 214 with an effective date of 28 June 2000.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 28 June 2000 and an award certificate for the Army Commendation Medal for the period 4 August 1999 to
9 June 2000. 

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

The applicant enlisted on 6 June 1978, served as a heavy construction equipment operator and was honorably released on 4 June 1982.  He entered active duty again on 24 May 1995, served as a construction equipment repairman and was honorably discharged by reason of disability on 28 June 2000.

The applicant’s DD Form 214 with an effective date of 4 June 1982, which was authenticated in his own hand, shows the Army Commendation Medal as an authorized award.

The applicant’s personnel records contain an award certificate for the Army Commendation Medal for the period 4 August 1999 to 9 June 2000.  This award was published by Permanent Orders 166-5.  

The applicant’s DD Form 214 with an effective date of 28 June 2000, which was authenticated in his own hand, shows two awards of the Army Commendation Medal.

Item 9 (Awards, Decorations & Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows entitlement to two awards of the Army Commendation Medal.

Army Regulation 600-8-22 (Military Awards) 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.  The applicant’s contention that his award of the Army Commendation Medal for the period 4 August 1999 to 9 June 2000 is not shown on his DD Form 214 with an effective date of 28 June 2000, is not supported by the evidence of record.

2.  Evidence of record shows the applicant received one award of the Army Commendation Medal between 6 June 1978 and 4 June 1982.  Evidence of record also shows he received his second award of the Army Commendation Medal for the period 4 August 1999 to 9 June 2000.  

3.  The applicant’s DD Form 214 with an effective date of 28 June 2000 shows entitlement to two awards of the Army Commendation Medal.  Therefore, the applicant is not entitled to correction of his military records to show an additional award of the Army Commendation Medal.

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 this 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

JPH____  RJW_____  KLW____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047917	
SUFFIX		
RECON		
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20000620	
DISCHARGE AUTHORITY	AR 635-40  	
DISCHARGE REASON	Disability, Severance Pay	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.