MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 February 2001                  
	DOCKET NUMBER:   AR2000047943

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman		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 four awards of the Army Achievement Medal instead of three awards.

APPLICANT STATES:  That the fourth award of the Army Achievement Medal, which was awarded in 1987, is not annotated on his DD Form 214 or other records.  He contends that the award and orders for the Army Achievement Medal were issued, but they are currently not in his records.  He submits a 
VA Form 21-4138 (Statement in Support of Claim), dated 26 August 2000, in support of his application.

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

The applicant entered active duty on 3 June 1982 and completed training as a military policeman.  He reenlisted twice and served overseas in Korea and Germany.  The applicant was discharged from active duty on 19 December 1989.

The applicant’s DD Form 214 shows entitlement to three awards of the Army Achievement Medal.  

Item 9 (Awards, Decorations and Campaigns) of the applicant’s 
DA Form 2-1 (Personnel Qualification Record) lists three awards of the Army Achievement Medal.

The applicant’s personnel records contain Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Permanent Orders Number 36-9, dated 22 February 1984, which awarded him the Army Achievement Medal for meritorious achievement from 22 June 1983 through 15 February 1984.

The applicant’s personnel records also contain Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Permanent Orders Number 181-16, dated 24 September 1985, which awarded him the Army Achievement Medal (First Oak Leaf Cluster) for meritorious service from 13 October 1982 through 9 October 1985. 

Additionally, his records contain an award certificate, dated 28 July 1987, which awarded him the Army Achievement Medal for exceptional achievement on 15 July 1987.  

There are no orders or an award certificate in the applicant’s records which show he was awarded the fourth award of the Army Achievement Medal. 

Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  Numerals will be used to denote second and subsequent awards of the Army Achievement 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.  Contrary to the applicant’s contention that he was awarded the fourth award of the Army Achievement Medal, evidence of record shows that he was awarded only three awards of the Army Achievement Medal.  Therefore, he is not entitled to correction of his DD Form 214 to show the fourth award of the Army Achievement Medal.

2.  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.

3.  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

JL______  GDP_____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047943	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010208	
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.	107.0025	
2.		
3.		
4.		
5.		
6.