MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 April 2001
	DOCKET NUMBER:  AR2001051925

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 records be corrected to show seven awards of the Good Conduct Medal and three awards of the Meritorious Service Medal.

APPLICANT STATES:  That he did not have the orders until after he was retired. He submits a copy of an approved award for the Meritorious Service Medal and the seventh award of the Good Conduct Medal in support of his application.

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

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he served on active duty from 5 March 1979 through 30 April 2000 and was retired in the pay grade of E-7.  Block 13 (Awards) shows that he was awarded seven awards of the Good Conduct Medal and two awards of the Meritorious Service Medal.

The applicant’s records contain all seven award orders for the Good Conduct Medal including the one he provides for the period of service of 5 March 1997 to 4 March 2000.  Also in the available record is Permanent Order 114-7 that awarded him the Meritorious Service Medal for the period 5 September 1991 to 1 August 1994.

The applicant provides a copy of Permanent order 54-1, dated 23 February 2000 that awarded him the Meritorious Service Medal with 2nd oak leaf cluster (three awards).  Block 8 of the recommendation for award shows that his previous awards included the Meritorious Service Medal with 1st oak leaf cluster (two awards).  A copy of the certificate for the Meritorious Service Medal, Permanent Order 54-1, is also contained in his records.  There are no other awards of the Meritorious Service Medal in the available record.

Army Regulation 600-8-22 provides that formal recommendations and approval in the chain of command are required for all decorations.  All awards, except basic marksmanship badges, must be announced or published in general or permanent orders.

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 records already reflect the seventh award of the Good Conduct Medal and no further correction on that issue is necessary.

2.  Notwithstanding that the applicant’s Meritorious Service Medal award recommendation states that his previous awards included two prior awards of the Meritorious Service Medal there are only two approved awards of the Meritorious Service Medal in the available record.
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 this 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

___ra___  ___dh__  ___rd_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051925	
SUFFIX		
RECON		
DATE BOARDED	20010412	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.