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Decision Text

ARMY | BCMR | CY1995 | 9511171C070209
Original file (9511171C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That his DD Form 214, Release from Active Duty, be corrected to reflect that he was awarded the Army Commendation Medal (ARCOM) with oak leaf cluster and the Army Achievement Medal (AAM) with oak leaf cluster.

APPLICANT STATES:  That the aforementioned awards were left off of his DD Form 214.

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

He enlisted in the Regular Army on 13 November 1986 and was honorably discharged on 25 August 1992 in the grade of corporal.  His awards include the National Defense Service Medal, the Southwest Asia Service Medal, the Good Conduct Medal, the Kuwait Liberation Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Parachutist Badge and the Expert Badge with rifle and hand grenade bars. 

The applicant’s records contain no evidence that he was recommended for and/or awarded either the ARCOM or AAM.

Army Regulation 600-8-22, Military Awards, states 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.

The same regulation provides that the ARCOM is awarded to any member of the Armed Forces of the United States, while serving in any capacity with the Army, who distinguishes himself by heroism, meritorious achievement or meritorious service.  The award may be made to any individual recommended for the award.

The AAM is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who while serving in any capacity with the Army in a noncombat area on or after 1 August 1981, distinguished himself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.  The medal will not be awarded to general officers.

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.  After examining all of the available records, no evidence was found that the applicant was recommended for or awarded the ARCOM or AAM, or that a recommendation for these awards was submitted and subsequently lost or inadvertently not acted upon.

2.  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.

3.  In view of the foregoing, there appears to be 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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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