MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002067821

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		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 as a conversion award.

APPLICANT STATES:  That he is entitled to award of the Army Commendation Medal based on a commendation issued on 29 March 1945 by the Commanding General of the First Allied Airborne Army.  In support of his application, the applicant submitted a copy of his WD AGO Form 53-98 (Military Record and Report of Separation-Certificate of Service) and a copy of the referenced commendation.

EVIDENCE OF RECORD:  The applicant's military records were not available to the Board.

The applicant’s WD AGO Form 53-98 shows that he entered active duty on 15 August 1944 in the Air Corps as a Glider Pilot.  He served in the European-African-Middle Eastern Theater of Operations from 7 December 1944 through 12 July 1945 and was honorably separated from active duty on 3 October 1945.  

Item 29 (Decorations and Citations) of the applicant’s WD AGO 53-98 does not show entitlement to the Army Commendation Medal.

The applicant provided a copy of the commendation issued 29 March 1945 by the lieutenant general in command of the First Allied Airborne Army to the Commanding General of the IX Troop Carrier Command.  

The Commanding General of the First Allied Airborne Army wrote that he desired “to congratulate and commend the officers and men of all ranks of IX Troop Carrier Command for their fine performance in connection with airborne operations of 24 March 1945.”  This commendation recognized the performance of the pilots, co-pilots and glider pilots; however, this commendation addressed the overall performance of the unit and did not recognize any personnel by name.

Paragraph 1-23 of Army Regulation 600-8-22 (Military Awards) provides that awards of certain decorations as authorized in this regulation or later will be made on the basis of existing letters, citations, and/or orders.  

Paragraph 3-16f of Army Regulation 600-8-22 governs award of the Army Commendation Medal and states that the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate or order of commendation, as a distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

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 request for award of the Army Commendation Medal based on a commendation.

2.  The Board noted the commendation issued by the Commanding General of the First Allied Airborne Army addressed to the performance of the IX Troop Carrier Command and did not commend the applicant personally for his actions as an individual member of that unit.  The Board further noted that the regulation specifies that a conversion award of the Army Commendation Medal must be based on a commendation recognizing an individual. 

3.  Since this commendation did not address the actions of the applicant as an individual, it is not a basis for award of the Army Commendation Medal to the applicant.

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 either 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

__DHP__  __KAN___  __MHM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067821	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020514	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0020.0000	
2.		
3.		
4.		
5.		
6.