RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 JULY 2005
      DOCKET NUMBER:  AR20040009377


      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           |     |Senir Analyst        |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Ms. Brenda Koch                   |     |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, in effect, that his June 2004 separation
document be corrected to show that he entered active duty with the Army on
13 June 2001 vice 13 June 1997, and that his service computation date be
corrected accordingly.

2.  The applicant also indicates that his 2004 separation document does not
reflect completion of the Primary Leadership Development Course or the
Combat Lifesaver Course.  He notes that his award of the Army Achievement
Medal and Army Good Conduct Medal are missing from the document and that
his receipt of “Danger Pay” between 26 October 2002 and 10 August 2003 was
omitted from the remarks section.  On the copy of his separation report,
which he provided with his application to the Board, he also indicates that
he is entitled to two awards of the Army Commendation Medal.

3.  The applicant states that the dates are wrong on his Army discharge and
that it is missing some schools and awards.

4.  The applicant provides a copy of his 2004 separation document,
confirmation of his award of the Army Achievement Medal, and evidence of
completing the Primary Leadership Development Course and the Combat
Lifesaver Course.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board confirm that the applicant served an
initial period of active duty with the United States Marine Corps between
August 1995 and August 1999 during which period he was awarded a Marine
Corps Good Conduct Medal.  That award was omitted from his 2004 Army
separation document.

2.  On 13 June 2001 he enlisted in the Regular Army, in pay grade E-4, for
a period of 3 years.  Following completion of training he was assigned to
the 1st Battalion, 9th Field Artillery, at Fort Stewart, Georgia, which was
part of the 2nd Brigade of the 3rd Infantry Division.

3.  In May 2002 the applicant completed the Combat Lifesaver Course by
correspondence.




4.  In September 2003 he was promoted to pay grade E-5.

5.  According to his performance evaluation report for the period September
2003 through April 2004, he was deployed in support of Operation Desert
Spring (02-03) and Operation Iraqi Freedom.  His performance evaluation
report notes that he demonstrated technical and tactical leadership during
Operation Desert Spring and that he displayed impeccable leadership during
periods of heavy, intense combat during Operation Iraqi Freedom.

6.  Operation Desert Spring was part of an on-going operation in Kuwait
that was established following Operations Desert Storm and Desert Shield.
Its mission was to maintain a forward presence and provide control and
force protection over Army forces in Kuwait.  Operation Iraqi Freedom
commenced in March 2003.

7.  Information from The Liberator, an official military publication
prepared by the 3rd Infantry Division Public Affairs Office, confirms that
elements of the 2nd Brigade, which included members of the 1st Battalion,
9th Field Artillery, had deployed to Kuwait in September 2002 and
redeployed to Fort Stewart in August 2003.  According to the applicant, he
received “Danger Pay” between 26 October 2002 and 10 August 2003.

8.  In December 2003 the applicant completed the Primary Leadership
Development Course at Fort Bragg, North Carolina.

9.  In May 2004 he was awarded an Army Achievement Medal.  Orders issued at
Fort Stewart confirmed the award.

10.  On 12 June 2004, at the completion of his 3-year enlistment contract,
the applicant was honorably discharged in pay grade E-5.  His separation
document incorrectly indicates that he entered active duty with the Army on
13 June 1997 and that he had 7 years of active Army service.

11.  His separation document indicates that he received a Reentry Code of
“1” indicating he was fully qualified for reenlistment.  His separation
document indicates entitlement to the Presidential Unit Citation which was
awarded to the 1st Battalion, 9th Field Artillery for the period 19 March
2003 through 1 May 2003.

12.  Army Regulation 635-5, which establishes the policies and provisions
for the preparation and distribution of separation documents, states that
item 14 (military


education) will reflect formal in-service (full-time attendance) training
courses successfully completed during the period of service covered by the
separation document.

13.  Army Regulation 635-5 also states that item 13 (decorations, medals,
badges, citations and campaign ribbons) will list awards and decorations
for all periods of service.

14.  Army Regulation 635-5 states that item 18 (remarks) will contains
certain comments including a statement indicating the name of the country
and the dates of deployment an active duty Soldier was deployed to with his
or her unit during their continuous period of active service.  An entry
denoting receipt of “Danger Pay” is not required.

15.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Army Good
Conduct Medal, disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Armed Forces Expeditionary Medal is authorized for
participants in military operations within a specific geographic area
during a specified time period.  An individual, who was not engaged in
actual combat or equally hazardous activity, must have participated in
operations or in direct support of operations for 30 consecutive or 60
nonconsecutive days.  Military Awards Branch Message
00-102 notes that the Armed Forces Expeditionary Medal was approved for
award to Soldiers who were bonafide members of a unit engaged in Operation
Desert Spring between 31 March 1998 and 18 March 2003.

17.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is authorized for service in direct
support of Operation Iraqi Freedom on or after 19 March 2003 to a future
date to be determined by the Secretary of Defense or the cessation of the
operation.



18.  The Board noted the applicant’s request to have his separation
document corrected to reflect two awards of the Army Commendation Medal.
However, the applicant’s file contains no evidence that he was ever
recommended for, or awarded any Army Commendation Medals.  In the absence
of such evidence, the applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of recommendations for award of the Army Commendation Medal
under this provision of law.  As a result, awards of the Army Commendation
Medal requested by the applicant will not be further discussed in these
Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly indicates that the applicant entered active duty
with the Army on 13 June 2001 and not 13 June 1997 and that he completed 3
years of service, not 7, as indicated on his 2004 separation document.  It
would be appropriate to correct the erroneous entries.

2.  The evidence also confirms that the applicant was awarded an Army
Achievement Medal and a Marine Corps Good Conduct Medal.  His records
should be corrected accordingly.

3.  The evidence confirms that the applicant is entitled to an Armed Forces
Expeditionary Medal based on his support of Operation Desert Spring and to
the Iraq Campaign Medal based on his deployment to Iraq in support of
Operation Iraqi Freedom.  His records should be corrected to reflect those
decorations.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 12 June 2004.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 13 June 2001 through 12 June 2004.

5.  The applicant’s completion of the Primary Leadership Development Course
should be reflected in item 14 on his 2004 separation document.  However,
because the Combat Lifesaver Course was a correspondence course and not a


formal in-service (full-time attendance) training course, that course
should not be recorded on his separation document.

6.  The evidence confirms that the applicant was deployed overseas in
support of Operation Desert Spring and Operation Iraqi Freedom.  While the
specific dates of his deployment are unknown, the information available to
the Board suggests that the dates the applicant indicated that he was
receiving “Danger Pay” is consistent with other information regarding the
deployment of his unit.  As such, in the interest of justice and equity, it
would be appropriate to add the statement “Service in Kuwait/Iraq (in
support of Operation Desert Spring and Operation Iraqi Freedom) from 26
October 2002 through 10 August 2003” as an expansion of the entry
requirement noted in Army Regulation 635-5.  An entry of receipt of “Danger
Pay” is not required.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI ___  ___RO __  __BK ___  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 entered active duty with the Army on 16 June
2001 vice 16 June 1997 and that he served 3 years of active duty during the
period vice 7 years;


      b.  by showing that he was awarded the Army Achievement Medal and the
Marine Corps Good Conduct Medal;


      c.  by showing that he is entitled to the Armed Forces Expeditionary
      Medal
and the Iraq Campaign Medal;


      d.  by awarding him the Army Good Conduct Medal for the period 13 June
2001 through 12 June 2004;


      e.  by entering in item 18 the statement “Service in Kuwait/Iraq (in
support of Operation Desert Spring and Operation Iraqi Freedom) from 26
October 2002 through 10 August 2003;” and


      f.  by adding Primary Leadership Development Course to item 14 on his
2004 separation document.

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
an entry denoting receipt of “Danger Pay” in item 18 on his separation
document.




                                  ______John Infante_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009377                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050421                                |
|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.                      |                                        |


-----------------------
[pic]