MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  18 December 2001
	DOCKET NUMBER:  AR2001061816

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Jose A. Martinez		Member	
	Mr. Thomas Lanyi		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 be upgraded to a Meritorious Service Medal.

APPLICANT STATES:  That his Army Commendation Medal should be upgraded to a Meritorious Service Medal based on injustices covered during the period 14 March 1992 to 15 July 1994.  He also states that his award was submitted twice as a Meritorious Service Medal with substantiating achievements to justify the request, but was denied and downgraded to an Army Commendation Medal based on the Brigade Commander’s permanent change of station (PCS).  In support of his application, he submits a  copy of his original DA Form 638 (Recommendation for Award), request for Army Commendation Medal, and a statement of support.  He also states that an original DA Form 638, request for Meritorious Service Medal is attached to his request; however, when received, this DA Form 638 was not attached to his request.

In a statement of support, he states that the award in question was submitted by his supervisor and was approved as an Army Commendation Medal.  He is requesting that this award be upgraded due to substantiated evidence provided with his case.  He also states that he spoke with his supervisor prior to his PCS and was informed that he would be recommended for a Meritorious Service Medal as his PCS award.  After PCSing to the Saint Louis Recruiting Battalion, he received an Army Commendation Medal in the mail.  He called his former supervisor to inquire about the status of his award being upgraded from an Army Commendation Medal to a Meritorious Service Medal.  His former supervisor stated that he would resubmit the award with more justification for an award of the Meritorious Service Medal.  His award was resubmitted with additional achievements and justification for the Meritorious Service Medal, but was disapproved by the new command to remain as an Army Commendation Medal.  These actions were unjust and he requests an upgrade to a Meritorious Service Medal based on the new achievements added to the DA Form 638 that justify
the request.  The new justifications are his true caliber, as well as the Meritorious Service Medal related professional achievements.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted 
on 23 October 1984, as an administrative specialist.  He continues to serve and
is presently assigned to Headquarters, Third US Army, Fort McPherson, Georgia.

The DA Form 638 provided by the applicant, dated 8 September 1994, shows 
the applicant was recommended for award of the Army Commendation Medal 
(First Oak Leaf Cluster) for meritorious service for the period 14 March 1992 to 15 July 1994.  The award authority approved the recommendation for the Army Commendation Medal (First Oak Leaf Cluster) and orders were published on 8 September 1994.  

Army Regulation 600-8-22 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 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to a members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

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.

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 notes the applicant’s contentions that his award of the Army Commendation Medal should be upgraded to a Meritorious Service Medal 
based on injustices, that his award was submitted twice as a Meritorious Service Medal with substantiating achievement, and was downgraded to an Army Commendation Medal based on the Brigade Commander’s PCS.  However, 
there is no evidence in the available records, and the applicant has provided
no evidence, to support his contentions.

2.  The Board also notes that the applicant stated in his request that a copy of 
his DA Form 638, request for Meritorious Service Medal, was attached.  However, this DA Form 638 was not attached to his request when received.

3.  The evidence of record shows that the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for the period 14 March 1992 to 15 July 1994 for meritorious service.

4.  The applicant has not presented any evidence to show that the award process or the decision by the appropriate award approval authority for the Army Commendation Medal was flawed or otherwise unjust, improper, or inequitable. 

5.  This Board considered all information submitted and all available evidence of record in this case and found no compelling evidence which warranted upgrading the applicant’s award of the Army Commendation Medal to the Meritorious Service Medal.

6.  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.

7.  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

__iw____  __jm____  ___tl___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061816	
SUFFIX		
RECON		
DATE BOARDED	20011218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  ACTIVE DUTY	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  793		
2.		
3.		
4.		
5.		
6.