MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 November 2000                   
	DOCKET NUMBER:   AR2000048283

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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 his Army Commendation Medal (ARCOM) be upgraded to a Meritorious Service Medal (MSM).

APPLICANT STATES:  That he was recommended for an MSM.  He was unofficially informed that the reason for the downgrade was "We don’t give MSMs to Staff Sergeants."  He provides his Recommendation for Award, DA Form 638, and his Noncommissioned Officer Evaluation Report (NCOER), DA Form 2166-7, for the period ending July 1996 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.

The applicant was promoted to Staff Sergeant, E-6 on 1 June 1995.  His NCOER for the period ending July 1996 shows that he performed duties as a platoon sergeant in military occupational specialty 62N40, Construction Equipment Supervisor.

On 16 April 1996, the applicant was recommended for award of the MSM for service for the period 24 October 1994 to 1 August 1996.  His rater/platoon leader was the recommending official.  His senior rater/company commander recommended approval.  His reviewer/battalion commander recommended approval and commented “…one of my best!  …has been a major player in the success the division enjoyed during some highly visible missions.”  His group commander recommended approval and commented “Singularly outstanding performance as sqd leader and plt sgt.  Deployed to Bosnia Jan – May 96.  Top 10% of plt sgt.  Superb construction NCO, too.”  

The Commanding General, Fort Riley, KS downgraded the MSM to an ARCOM.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that in peacetime Army military decorations recognize achievements which have significantly contributed to the readiness or effectiveness of a unit or organization or have made notable contributions to the morale or esprit de corps of units or organizations.  Exceptional command or leadership of a crew, team, section, squad or similar unit may be considered meritorious achievement or service.  Recommendations for awards must be based on specific achievement.  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.  Awards for meritorious achievement or service will not be based upon the grade of the intended recipient.  Rather, the award should reflect both the 

individual’s level of responsibility and his or her manner of performance.  The degree to which an individual’s achievement or service enhanced the readiness or effectiveness of his or her organization will be the predominant factor.

Army Regulation 600-8-22 states that a commander in a major general’s position is the approval authority for award of the MSM.  The MSM is awarded to any member who, while serving in a noncombat area, has distinguished himself or herself by outstanding meritorious achievement or service.  The ARCOM is awarded to any member who distinguishes himself or herself by meritorious achievement or meritorious service (or heroism).  Meritorious service is defined as service which is distinguished by a succession of outstanding acts of achievement over a sustained period of time.  Individual performance must exceed that expected by virtue of grade and experience, based on accomplishments during an entire tour of duty.

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.  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.

2.  The Commanding General, Fort Riley, KS was the approval authority when the applicant was recommended for award of the MSM.  He was on the scene and had the benefit of close proximity to the recommending officials in making his decision as to which award to approve.  In the absence of evidence to show that it was the approval authority’s policy not to award MSMs to Staff Sergeants, the Board concludes that the approval authority made a proper, subjective decision in downgrading the recommended award to an ARCOM.

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

__wtm___  __jea___  __mes___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048283	
SUFFIX		
RECON		
DATE BOARDED	20001116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0017	
2.		
3.		
4.		
5.		
6.