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ARMY | BCMR | CY2002 | 2002068167C070402
Original file (2002068167C070402.rtf) Auto-classification: Denied
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.”

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