RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 June 2005
      DOCKET NUMBER:  AR20040009564


      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             |
|     |Mr. Michael J. Fowler             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Robert L. Duecaster           |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show award of the
National Defense Service Medal (NDSM) (2nd Award), the Global War On
Terrorism Expeditionary Medal (GWOTEM), the Southwest Asia Service Medal
(SWASM), the Armed Forces Expeditionary Medal (AFEM), the Kuwait Liberation
Medal (KLM), and that his DD Form 214 (Certificate of Release or Discharge
from Active Duty) with the ending period 22 August 2003 be corrected to
show 12 years, 2 months, and 16 days (Total Prior Active Service).

2.  The applicant makes no additional statement.

3.  The applicant provides a DD Form 214 with the ending period 22 August
2003 and a DD Form 215 (Correction to DD Form 214, Report of Separation
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant entered the U.S. Army Reserve (USAR) on 26 November 1979
and successfully completed basic training and advanced individual training.
 He was awarded MOS 76Y (Unit Supply Specialist).  He was honorably
separated from the USAR on 31 December 1985.

2.  The applicant had a break in service and enlisted back into the USAR on
19 January 1990.  He continued to serve with both the USAR and the New York
Army National Guard (NYARNG) with a few breaks in service between reserve
components.  He was ordered to active duty in support of operation
(Enduring Freedom) on 18 February 2003 for a period of 365 days.

3.  On 20 June 2005, the 812th Military Police Company unit administrator
informed the Board analyst that the applicant served with the 812th
Military Police Company in Iraq from on or about 14 April 2003 through
2 July 2003 and was returned to the USAR Control Group (Reinforcement)
effective 23 August 2003.

4.  The applicant's DD Form 214 for the period ending 22 August 2003 shows
award of the Army Commendation Medal, the Army Achievement Medal (2nd
Award), the Army Reserve Components Achievement Medal (3rd Award), the
National Defense Service Medal (2nd Award), the Armed Forces Reserve Medal
with "M' device, the Army Service Ribbon, and the Sharpshooter Marksmanship
Qualification Badge (Rifle).


5.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-
1 (Personnel Qualification Record) does not show award of the GWOTEM, the
SWASM, the AFEM, or the KLM.

6.  A Statement of Retirement Points provided by U.S. Army Human Resources
Command, St. Louis, Missouri, which only covers the period from 23 February
1996 though 31 August 2003, shows that the applicant does not have 12
years, 2 months, and 16 days of active duty service.

7.  Army Regulation 600-8-22 (Military Awards) provides that service in the
Persian Gulf War is to be recognized by award of the Southwest Asia Service
Medal (SWASM) to Army members who participated in Operations Desert
Shield/Desert Storm in the designated area on or after 2 August 1990.  A
bronze service star is authorized for the Defense of Saudi Arabia (2 August
1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January
to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October
1995).

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) to
members of the Armed Forces of the United States who participated in the
Persian Gulf War between 17 January 1991 and 28 February 1991.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) to
members of the Armed Forces of the United States who participated in the
Persian Gulf War between 2 August 1990 and 31 August 1993.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Armed Forces Expeditionary Medal for qualifying service after 1 July 1958
in U.S. military operations, U.S. operations in direct support of the
United Nations, and U.S. operations of assistance to friendly foreign
nations.  Qualifications for this award includes the requirements to be a
bona fide member in a unit engaged in the operation or to serve in the area
of operations for 30 days, or to be engaged in direct support of the
operation for 30 consecutive or 60 nonconsecutive days provided this
support involves entering the area of operations.  The regulation also
provides that the Armed Forces Expeditionary Medal may be awarded if the
individual served the full period in cases when the operation is less than
30 days in duration, if the individual is engaged in actual combat with
armed opposition regardless of the period of service, if the individual
participates as a member of an aircraft flying in support of the operation,
or if the individual is recommended (or attached to a unit recommended) for
award of the medal if the above criteria have not been met.  The designated
military operations and dates of eligibility for this award are specified
in Army Regulation 600-8-22.  The governing regulation for award of the
Armed Forces Expeditionary Medal does not show that it was awarded for
service in Iraq during the period from April 2003 to July 2003.

11.  Executive Order 13289 dated 12 March 2003 established the Global War
on Terrorism Expeditionary Medal and the Global War on Terrorism Service
Medal (GWOTSM).  The GWOTEM is authorized to be awarded to Soldiers who
deploy abroad in designated areas (to include Iraq) for service in global
war on terrorism operations on or after 11 September 2001 to a date to be
determined.  The GWOTSM is authorized to be awarded to Soldiers who have
participated in or served in support of global war on terrorism operations
outside the designated area of eligibility for the GWOTEM.  All Soldiers on
active duty on or after 11 September 2001 to a date to be determined having
served 30 consecutive days or 60 nonconsecutive days are authorized the
GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the NDSM second award and it is listed on his
DD Form 214 for the ending period 22 August 2003.  There is no evidence of
record that shows that the applicant is eligible for award the SWASM, the
AFEM, and the KLM.  There is no evidence of record to show he served 12
years, 2 months, and 16 days of prior active service.

2.  The applicant met the eligibility criteria for award of the GWOTEM and
the GWOTSM.  These awards should be added to his DD Form 214 for the period
ending 22 August 2003.

3.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ ___ __  _____ __  __ ___ __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MJF___  __TAP__  __RLD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the Global War on Terrorism
Expeditionary Medal and the Global War on Terrorism Service Medal.




                                  ___ Mr. Robert L. Duecaster __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009564                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |23 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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