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ARMY | BCMR | CY2002 | 2002068398C070402
Original file (2002068398C070402.rtf) Auto-classification: Denied
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.


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