MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 October 2001    
	DOCKET NUMBER:   AR2001058479

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Regan K. Smith		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 he be awarded three additional awards of the Army Commendation Medal (correctly known as the Army Commendation Medal (Third Oak Leaf Cluster)).  

APPLICANT STATES:   In effect, that through an inadvertent oversight due to command structure and lack of communication he did not receive these medals.  In support of his application, he submits an Index which lists 18 enclosures. 

COUNSEL CONTENDS:  The Disabled American Veterans, as counsel for the applicant, continue to support the contentions as set forth by the applicant on his application and the evidentiary documentation. 

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

The applicant entered active duty on 15 August 1946, served as clerk typist and was honorably discharged on 16 February 1948 and transferred to the Enlisted Reserve Corps.  He entered active duty again on 14 April 1948 and remained on active duty through continuous reenlistments until he retired on 31 October 1966 in the rank of master sergeant/pay grade E-7.

The available records contain six discharge documents, two WD AGO Forms 
53 (Enlisted Record and Report of Separation) and four DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

The applicant’s retirement DD Form 214 with an effective date of 31 October 1966, which was authenticated in his own hand, shows the Army Commendation Medal (one award) as an authorized award.

The applicant provided numerous letters of appreciation and commendation in support of his claim.  However, there is no evidence in the available records which shows the applicant was recommended for or awarded any subsequent awards of the Army Commendation Medal by his chain of command.

Army Regulation 600-8-22 (Military Awards) 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

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.  Evidence of record shows the applicant received one award of the Army Commendation Medal. 

2.  The Board considered the applicant’s request that he be awarded three additional awards of the Army Commendation Medal.  The Board also considered the letters of appreciation and commendation provided in support of his claim.  However, there is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded any subsequent awards of the Army Commendation Medal by his chain of command. Therefore, there is no basis for any additional awards of the Army Commendation Medal to the applicant.

3.  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.

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

RVO____  DPH_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058479	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.