MORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           18 July 2002                   
	DOCKET NUMBER:   AR2002068167

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 he be awarded the Army Commendation Medal (ARCOM).

APPLICANT STATES:  In effect, that his conduct and performance was such as to warrant the award of the ARCOM.

In support of his request, he submits a letter of commendation dated 10 November 1955, in which he is commended for superior performance of duty in his instruction of dismounted drill and a copy of his DD Form 214, Report of Separation.

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

He was commissioned as a second lieutenant and entered active duty on 18 December 1953.

He was honorably released from active duty on 17 December 1955.  

The applicant maintained military status in the Army Reserve and was promoted to colonel.

On 24 February 1984, he was transferred to the USAR Control Group (Retired) due to maximum years of service.

Army Regulation 600-8-22 provides that the ARCOM 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 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.

Paragraph 3-16f of this regulation states that awards of the ARCOM may be made to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from letter of appreciation, signed by an officer in the grade or position of a major general or higher.  Awards of the Army Commendation Ribbon and of the Commendation Ribbon with Metal Pendant were redesignated on 31 March 1960, as awards of the Army Commendation Medal. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant does not meet the criteria of Army Regulation 600-8-22, paragraph 3-16f, for award of the ARCOM based on his letter of commendation.  He was commended subsequent to the period specified by that paragraph.

2.  In addition, there is no indication that the applicant’s command recommended him for the ARCOM and the recommendation was lost.  Without such evidence, it would be inappropriate for the Board to substitute its judgment for the judgment of the commander who was present at the time. 

3.  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

__sk ____  ___rvo __  ___jpi___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068167	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.		

On 29 November 1954, the applicant was reprimanded for his failure to report to his place of duty at the prescribed time.  The officer reprimanding him also noted that the applicant had been verbally reprimanded for being late for formations on both 5 and 6 October 1954.  The officer reprimanding him stated “Your past record here in the School Brigade indicates a complete lack of maturity.  It indicates that unless corrective measures are taken on your own initiate (sic), it is likely that this incident will be but a prelude to future Court-Martial action . . . Your misbehavior on this occasion and your past record indicates a definite failure on your part to comprehend this basic principle of soldiering and the trust imposed on you as a commissioned officer.”