MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             23 February 2000
	DOCKET NUMBER:    AR1999033570

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 31 May 1981 to show that he was awarded the Meritorious Service Medal.

APPLICANT STATES:  That he was awarded the Meritorious Service Medal prior to his retirement.

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 8 November 1955 and continued to serve through a series of continuous reenlistments until he was placed on the United States Retired List effective 1 June 1981 in the pay grade of SSG/E6.

The applicant’s DD Form 214 with an effective date of 31 May 1981 does not show the Meritorious Service Medal.

There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Meritorious Service Medal.

Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Meritorious Service Medal is awarded to 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.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service. 

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 noted the applicant’s contentions that he was awarded the Meritorious Service Medal prior to retirement.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Meritorious Service Medal.  Therefore, he is not entitled to correction of his DD Form 214 with an effective date of 31 May 1981 to show this award.

2.  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____  EB_____  RJW____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033570	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000223	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19810531	
DISCHARGE AUTHORITY	AR 1999033570	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  63		
2.		
3.		
4.		
5.		
6.