RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040010324


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show award of the Army
Commendation Medal (ARCOM) with 1 Oak Leaf Cluster (1 OLC); the award of
the Army Achievement Medal (AAM); the Armed Forces Expeditionary Medal
AFEM); The Global War on Terrorism Expeditionary Medal (GWOTEM); the Global
War on Terrorism Service Medal (GWOTSM); and the second award of the
National Defense Service Medal (NDSM). The applicant also requests that
item 12 (Foreign Service) of his DD FORM 214 be corrected to show 10 months
of foreign service and item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons) be corrected to show "Veteran of Foreign War".

2.  The applicant states that his DD Form 214 was improperly completed when
he out processed.

3.  The applicant provides a DD Form 214 with a separation date of 28 May
2004; two ARCOM Certificates with supporting DA Forms 638 (Recommendation
for Award); an AAM Certificate with supporting DA Form 638; an AFEM
Certificate with a memorandum dated 23 September 2002; U.S. Army Air
Defense Artillery Center, Fort Bliss, Texas, Permanent Orders 207-501,
dated 26 July 2002; and Human Resources Command (HRC) Message (Date Time
Group 17 March 2004).

CONSIDERATION OF EVIDENCE:

1.  The applicant is a graduate of t he United States Military Academy at
West Point, New York.  He entered active duty on 29 May 1999.  He rose to
the rank of captain and served with the 3rd Battalion of the 43rd Air
Defense Artillery.  He was honorably separated on 28 May 2004.

2.  The applicant's DD Form 214 does not show award of the second award of
the ARCOM; the award of the AAM; the AFEM; the GWOTEM; the GWOTSM; the
second award of the NDSM or reflect 10 months of foreign service.

3.  The first ARCOM Certificate and the supporting DA Form 638 provided by
the applicant show he was awarded this award on 4 May 2003 for meritorious
service.

4.  The second ARCOM Certificate and the supporting DA Form 638 provided by
the applicant shows he was awarded this award on 29 May 2004 for
meritorious service.  Item 10 (Recommended Award) of the DA Form 638 shows
"ARCOM
1 OLC" (award of the ARCOM with one oak leaf cluster) signifying the second
award of the ARCOM.

5.  The AAM Certificate and the supporting DA Form 638 provided by the
applicant show he was awarded this award on 5 February 2004 for meritorious
achievement from 21 January 2004 to 30 January 2004.

6.  The AFEM Certificate and supporting memorandum provided by the
applicant show he was awarded this award on 27 September 2002 for service
in Southwest Asia.

7.  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.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  This award is designated for Soldiers who have
participated in or served in support of Global War on Terrorism Operations
outside of the designated area of eligibility determined for award of the
Global War on Terrorism Expeditionary Medal on or after 11 September 2001
to a date to be determined.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized or National Guard Soldiers activated, on or
after 11 September 2001 to a date to be determined having served 30
consecutive days or 60 nonconsecutive days are authorized this award.

9.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for soldiers who deploy abroad for service in
the Global War on Terrorism Operations on or after 11 September 2001 to a
date to be determined.  To be eligible for this award a Soldier must be
mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a)  be engaged in actual ground combat against the enemy and
under circumstances involving grave danger of death or serious bodily
injury from enemy action, regardless, of the time in the area of
eligibility; b) while participating in the designated operation, regardless
of time, is killed or wounded/injured requiring medical evacuation from the
area of eligibility, or c) participate as a regularly assigned air crew
member flying sorties for 30 consecutive days or 60 nonconsecutive days
into, out of, within, or over the area of eligibility in direct support of
Operations Enduring Freedom and/or Iraqi Freedom.  The message also states
that under no condition will any Soldier in the United States receive this
award.

10.  Soldiers may receive both the Global War on Terrorism Service Medal
and the Global War on Terrorism Expeditionary Medal if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  The regulation also provides
that the second award of the National Defense Service Medal is denoted by a
bronze service star affixed to the service ribbon.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded two ARCOMs.  Therefore, his
records should be corrected to show the award of the Army Commendation
Medal with one Oak Leaf Cluster.

2.  Orders show the applicant was awarded the AAM.  Therefore, he is
entitled to have his records corrected to show this award.

3.  Records show the applicant was awarded the AFEM.  Therefore, he is
entitled to have his records corrected to show this award.  Since this
award recognized his service in Southwest Asia he is not entitled to award
of the GWOTEM for the same period of service.

4.  The applicant's DD Form 214 shows he was on active duty during the
September 11, 2001 terrorist attacks and served the minimum time period.
Therefore he is entitled to correction of his records to show award of the
GWOTSM.

5.  The applicant is entitled to the award of the National Defense Service
Medal based on completion of a period of qualifying service from September
11, 2001 to a time to be determined.  Therefore, his records are correct as
presently constituted.

6.  A review of the applicant's OMPF shows the applicant served in
Southwest Asia.  There is not sufficient evidence to document the time
period he spent there, although the applicant contends the duration was 10
months, however, it is obvious that the entry of "00" shown on the DD Form
214 is erroneous.  An Officer Evaluation Report (OER) rendered on the
applicant for the time period 2 June 2003 to 5 January 2004 shows the
rater's entry "Following a rigorous 10 month deployment spanning four
nations in Southwest Asia".  Therefore, the applicant's records should be
corrected to show 10 months of foreign service.

7.  Item 13 of the DD Form 214 is used for decorations, medals, badges,
citations and campaign ribbons.  "Veteran of Foreign War" would not be an
appropriate entry on this form.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mhm___  __jtm___  __jbg___  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 by showing the award of the ARCOM with one Oak Leaf
Cluster, AAM, AFEM, GWOTSM, and correction of item 12 of the applicant's DD
Form 214 to show 10 months of foreign service.

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
award of the, the GWOTEM, a second award of the NDSM and correction of the
applicant's DD Form 214 to show the entry "Veteran of Foreign War".



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010324                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0025                                |
|3.                      |107.0072                                |
|4.                      |107.0069                                |
|5.                      |                                        |
|6.                      |                                        |


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