MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 December 2001
	DOCKET NUMBER:   AR2001060374

	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:

	Ms. Joann Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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:  In effect, that he was never officially recognized for his service and should be awarded the Army Commendation Medal for his dedication to his duties in the service of his country.  He contends that he was injured in Vietnam and was not in a command long enough where exemplary service was usually recognized with the award of the  Bronze Star Medal or the Army Commendation Medal.  In support of his application, he submits a letter of explanation, dated 16 July 2001, wherein he describes his military career and assignments; three letters of Appreciation and Recommendation and numerous copies of his service records. 

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

The applicant was inducted on 3 October 1966.  He served as an infantry operations and intelligence specialist and was honorably discharged on 
30 August 1967 to accept a commission.  The applicant was appointed as a Reserve officer and ordered to active duty on 31 August 1967.  He served as an Adjutant General’s Corps Officer in Vietnam from 17 September 1969 through 
24 January 1970 and was released from active duty on 1 September 1970. 

The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Army Commendation Medal as an authorized award.

There is no evidence in the applicant’s personnel records which shows that he was recommended for or awarded the Army Commendation Medal.  

In support of his claim, the applicant provided copies of his service records and a Letter of Recognition, a Letter of Appreciation and a Letter of Recommendation for his outstanding performance of duty.  

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

Army Regulation 600-8-22 provides in paragraph 3-1c that 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.

Army Regulation 600-8-22 provides, in pertinent pert, that acts or services which do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation. 

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 Board considered the applicant’s contention that he should be awarded the Army Commendation Medal for his dedication to his duties in the service of his country.  However, evidence of record shows that the applicant received Letters of Recognition, Appreciation and Recommendation for his outstanding performance of duty.   

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal.  In the absence of a recommendation for an award of the Army Commendation Medal and in view of the letters of acknowledgement/recommendation tendered to the applicant, it is clear that his chain of command determined that these letters were the appropriate recognition for his actions.   

3.  The Board considered the letters provided by the applicant and all available evidence of record in this case and found no compelling evidence which warranted an award of the Army Commendation Medal instead of the letters of acknowledgement/recommendation he received.  Therefore, the applicant is not entitled to correction of his military records to show 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

JL______  MKP____  ENA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060374	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.