MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 April 2002
	DOCKET NUMBER:   AR2002068398

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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, that his Certificate of Release or Discharge (DD Form 214) be corrected to show that he received the Army Commendation Medal (ARCOM) after he was discharged.

APPLICANT STATES:  That the recommendation for the award of the ARCOM was being processed before his discharge; however, it was never received.  He further states that the commendation was mailed to his home sometime around the time of his discharge.

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

He enlisted in the United States Army Reserve on 6 October 1983 and he successfully completed his training as a plumber.  On 25 March 1985, he enlisted in the Regular Army for 4 years in the pay grade of E-1.

His awards include the Army Service Ribbon, the Army Achievement Ribbon, the Overseas Service Ribbon, the Army Good Conduct Medal, the Army Lapel Button and the Sharpshooter Qualification Badge (Rifle M-16).

A review of the available records fails to show the applicant was ever recommended for or awarded the ARCOM.

Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

Army Regulation 600-8-22 also 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.

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.  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.
2.  A review of the available record shows that the applicant’s DD Form 214 was properly annotated to reflect all of the decorations and medals that are documented in his records.

3.  There is no evidence of record, nor has the applicant submitted any evidence to support his contention that he was recommended for an ARCOM prior to his discharge or that he received an ARCOM after he was discharged. 

4.  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

___cg___  ___gp___  __jhl ____  DENY APPLICATION

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

INDEX

CASE ID	AR2002068398	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  66	107.0020	
3.		
4.		
5.		
6.