RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 FEBRUARY 2004
      DOCKET NUMBER:  AR20040001458


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms, Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 25 June 2004 separation document be
corrected to reflect award of two Purple Hearts, the Army Commendation
Medal, Army Achievement Medal, Combat Infantryman Badge, and the Expert
Infantryman Badge.  He also asks that completion of a 40 hour Javelin
Gunner’s Course be entered in item 14 (military education) and that item
15a be corrected to show that he contributed to education assistance
benefits.

2.  The applicant states the above items and information were omitted from
his separation document.

3.  The applicant provides copies of orders confirming entitlement to the
awards in question, a copy of his completion certificate for the Javelin
Gunners Course, and evidence that he contributed to the Montgomery GI Bill.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 26 June 2001.  Orders provided by the applicant confirm that
he was awarded the following:

      a.  two awards of the Army Commendation Medal

      b.  one award of the Army Achievement Medal

      c.  a Combat Infantryman Badge

      d.  the Expert Infantryman Badge

      e.  the Army Good Conduct Medal

2.  With the exception of his award of the Combat Infantryman Badge, which
was awarded by Task Force Falcon in Iraq in May 2003, all of his other
awards were confirmed in orders issued at Fort Bragg, North Carolina.  All
the awards, however, were omitted from his separation document.

3.  Evidence available to the Board indicates that the applicant was
wounded as a result of hostile action on 25 June 2003.  He provides two
sets of orders awarding him the Purple Heart for the 25 June 2003 wound.
One order was published on 8 May 2003 by the Combined Joint Task Force
Seven in Iraq and the other was published by the then United States Total
Army Personnel Command on 7 July 2003.

4.  In an advisory opinion from the United States Army Human Resources
Command, formerly known as the United States Total Army Personnel Command,
it was noted that the applicant is entitled to only one award of the Purple
Heart.  The opinion noted that orders published by the Total Army Personnel
Command in July 2003 superseded “any previously issued order that may have
been published announcing this award.”  The applicant was provided an
opportunity to comment on the advisory opinion but did not respond.

5.  The applicant’s file does contain a copy of a course completion
certificate for the Javelin Gunner’s Course completed at Fort Bragg, North
Carolina.  Information from the Army’s School Catalog indicates that the
Javelin Gunner’s Course teaches the unit medium range anti-armor weapons
specialist the basics of the Javelin Weapon System, prepare for firing,
restore to a carry configuration, carry techniques, infrared principles,
target engagement procedures, target engageability, warning indicators and
malfunctions procedures, as well as field tactical training operations and
maintenance.

6.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that item 14 (military education) will list formal in service
training courses successfully completed during the period of service
covered by title, length in weeks, and month and year completed.  This
information is to assist the soldier after separation in job placement and
counseling; therefore, training courses for combat skills are not listed.

7.  Documents provided by the applicant confirm that he contributed to the
Montgomery GI Bill Program.  Item 15a (Member Contributed to Post-Vietnam
Era Veteran’s Educational Assistance Program) (VEAP) on his separation
document is checked “no.”

8.  The VEAP was an educational incentive program offered to individuals
who enlisted between 1 January 1977 and 30 June 1985.  The program was
designed for the post-Vietnam era soldier as a means of establishing a fund
to support their educational objectives following their military service.
For every dollar contributed by a soldier, the government matched with a
two dollar contribution to the individual's VEAP account.  Participation in
the VEAP was a voluntary option and was replaced, in July 1985, by the
Montgomery GI Bill and the Army College Fund Program.  The Army College
Fund Program, another voluntary option, enabled a soldier to contribute
$100.00 per month for the first year of their enlistment and recoup up to
$14,000.00 in educational benefits depending on the length of their
enlistment contract.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board confirms that the applicant was awarded
two Army Commendation Medals, an Army Achievement Medal, the Combat
Infantryman Badge, the Expert Infantryman Badge, and an Army Good Conduct
Medal.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant was wounded on 25 June
2003 and awarded the Purple Heart.  It is unclear why the applicant has two
orders confirming award of the Purple Heart for his 25 June 2003 wound,
however, the information provided by the United States Army Human Resources
Command confirms that the orders issued in July 2003 superceded the orders
issued by the Combined Joint Task Force Seven in Iraq.  As such, the
applicant is entitled to only one award of the Purple Heart and that award
should be added to his separation document.

3.  The applicant did completed the Javelin Gunner’s Course.  However,
because that course enhances combat related skills only, it is not recorded
on the separation document.

4.  Although the applicant may have contributed to the Montgomery GI Bill
Program, item 15a on his separation document is intended to reflect
participation in the VEAP.  The VEAP was disbanded well before the
applicant entered active duty and as such, the “no” entry is appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___YM __  ___RW  _  __JR ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by showing that he is entitled to one Purple Heart for wounds
sustained on 25 June 2003; and


      b.  by showing that he was awarded two Army Commendation Medals, an
Army Achievement Medal, the Combat Infantryman Badge, the Expert
Infantryman Badge, and an Army Good Conduct Medal.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to:

      a.  award of a second Purple Heart;


      b.  completion of the Javelin Gunner’s Course; and


      c.  participation in the VEAP.




                                  ___ Yolanda Maldonado_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001458                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050224                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107,00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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