MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 October 2001                   
	DOCKET NUMBER:   AR2001060447

	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. Raymond V. O’Connor 		Chairperson	
	Mr. Donald P. Hupman 		Member	
	Ms. Regan K. Smith 		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, award of the Army Commendation Medal.

APPLICANT STATES:  In effect, that his platoon leader wrote to him and indicated in a personal letter, dated 22 July 1953, that he would receive a “Commendation ribbon or award” based on a Letter of Commendation.  In support of his application, he submits the letter, dated 22 July 1953, from his platoon leader and a Letter of Commendation, dated 18 July 1953.

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

The applicant enlisted on 1 February 1952 for a period of 3 years.  He served as an infantry operations intelligence specialist in Korea from 15 August 1952 through 13 July 1953 and was honorably released from active duty on 
31 January 1955 and transferred to the U.S. Army Reserve. 

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), which was authenticated in his own hand, does not show the Army Commendation Medal as an authorized award.  

Item 42 (Awards) on the applicant’s DA Form 20 (Qualification Record – Enlisted Personnel) does not show entitlement to the Army Commendation Medal.    Section 9 (Medal, Decorations, and Citations) on the applicant’s DD Form 
230 (Service Record) does not show the Army Commendation Medal. 

The applicant provided a Letter of Commendation, dated 18 July 1953, in support of his claim.  He also provided a copy of a personal letter, dated 22 July 1953, from a platoon leader of the 224th Infantry Regiment.  The Letter of Commendation, prepared by the platoon leader, states “I wish to commend you for the excellent manner in which you carried out your duties while a member of the Intelligence and Reconnaissance Platoon”.  The platoon leader’s letter states “Shouldn’t be long now, before your Commendation ribbon or award comes through”.  However, there is no evidence in the applicant’s personnel service records which shows he was recommended for or awarded the Army Commendation Medal by his chain of command.

There are no orders for award of the Army Commendation Medal in the available records. 

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.
 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.  Evidence of record shows the applicant received a Letter of Commendation, dated 18 July 1953, from a platoon leader of the 224th Infantry Regiment.

2.  The Board considered the platoon leader’s letter, dated 22 July 1953, which states “Shouldn’t be long now, before your Commendation ribbon or award comes through” based on the Letter of Commendation.  However, there is no evidence of record available to the Board which shows that the applicant was recommended for or awarded the Army Commendation Medal by his chain of command.  

3.  The Board noted that the platoon leader of the 224th Infantry Regiment had the opportunity to recommend the applicant for award of the Army Commendation Medal instead of tendering him a Letter of Commendation; however, he did not do so.  In the absence of a recommendation for award of the Army Commendation Medal or orders awarding the Army Commendation Medal to the applicant, there is no basis for award of the Army Commendation Medal in this case.  Therefore, the applicant is not entitled to correction of his military records to show this award. 

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

RVO____  DPH____  RKS____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060447	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.