RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          9 August 2005
      DOCKET NUMBER:  AR20040011027


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Patrick McGann                |     |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, correction of his DD Form 214
(Certificate of Release or Discharge from Active Duty) to show award of the
Parachutist Badge, the "Silver German Schutzenschnur" (a German
Marksmanship Badge), the Combat Infantryman Badge, two awards of the Army
Commendation Medal, and the Global War on Terrorism Expeditionary Medal
(GWOTEM).  He also requests that his dates of service in Afghanistan be
shown on his DD Form 214.

2.  The applicant states that these items were left off of his DD Form 214.

3.  The applicant provides orders for one award of the Army Commendation
Medal and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show two awards of
the Army Commendation Medal.  The applicant provided orders for one award
of the Army Commendation Medal; however, there are no orders or other
evidence authorizing a second award of this decoration to the applicant.
In the absence of a proper award authority for this decoration, the
applicant may request a second award of the Army Commendation Medal under
the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, it
will not be discussed further in this Record of Proceedings.

2.  The applicant enlisted on 23 June 1999 for a period of 3 years and 17
weeks.
He served in military occupational specialty (MOS) 11C (indirect fire
infantryman) in Afghanistan in support of Operation Enduring Freedom from
25 March 2002 to 2 July 2002.  On 19 October 2002, the applicant was
released from active duty.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Army Service Ribbon, the Army Good Conduct Medal, the Ranger Tab, the
Czech Military Parachutist Badge, the Dutch Military Parachutist Badge, the
Portuguese Military Parachutist Badge, and the Bronze German Armed Forces
Parachutist Badge as authorized awards.  Item 12f (Foreign Service) on the
applicant's DD Form 214 shows the entry, "0000 00 00."

4.  Headquarters, U.S. Army Infantry Center Permanent Orders 311-337, dated

7 November 1999, show the applicant received the Parachutist Badge.

5.  There is no evidence in the applicant's service personnel records which
shows he qualified for or was awarded the German Marksmanship Badge.

6.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

7.  Headquarters, 75th Ranger Regiment Permanent Orders 205-94, dated
24 July 2002, show the applicant received the Army Commendation Medal for
meritorious achievement during the period 25 March 2002 to 2 July 2002.
The DA Form 638 (Recommendation for Award), dated 2 July 2002, indicates
that the applicant served as a fire direction control chief for a mortar
section with 2nd Battalion, 75th Ranger Regiment while deployed in support
of Operation Enduring Freedom and that he was responsible for all the
communications equipment for his section.

8.  Appendix D (Foreign Badges) of Army Regulation 600-8-22 (Military
Awards) shows the German Army Marksmanship Badge.  Paragraph 9-30(b) of
Army Regulation 600-8-22 states that commanders (overseas and continental
United States) serving in the rank of brigadier general or higher and
colonel level commanders who exercise general court-martial authority are
delegated authority to approve the acceptance, retention, and permanent
wear of foreign badges listed in Appendix D.  This authority may not be
further delegated.  The burden of proof rests on the individual Soldier to
produce valid justification (orders, citations, or other original copies of
the foreign elements which awarded them the badge).

9.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 provides for award of the Combat
Infantryman Badge.  It states, in pertinent part, that there are basically
three requirements for award of the Combat Infantryman Badge. The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific eligibility requirements are stated in paragraph 8-6c(1)
through (4) and essentially require that an Army enlisted Soldier must have
an infantry or special forces specialty and must have satisfactorily
performed duty while assigned or attached as a member of an infantry,
ranger or special forces unit of brigade, regimental, or smaller size
during any period such unit was engaged in active ground combat.  Finally,
paragraph 8-6c(2) states:  “A recipient must be personally present and
under hostile fire while serving in an assigned infantry or special forces
primary duty, in a unit actively engaged in ground combat with the enemy.”

10.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTEM 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.

11.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the GWOTEM to Soldiers who deployed abroad in
Operations Enduring Freedom and Iraqi Freedom in the following areas of
eligibility (AOE):  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete,
Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq,
Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman,
Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia,
Syria, Tajikistan, Turkey (east of 35 east degrees east latitude),
Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the
Arabian Sea north of 10 degrees north latitude and west of 68 degrees
longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf
of Suez, that portion of the Mediterranean Sea east of 28 degrees east
longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

12.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  The regulation states, in
pertinent part, that the country and dates of deployment for an active duty
Soldier deployed with his or her unit during their continuous period of
active service will be shown in item
18 (Remarks) on the DD Form 214.  The regulation also states that the total
amount of foreign service completed during the period covered by the DD
Form 214 will be entered in item 12f.

13.  The Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal (GWTSM).  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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Parachutist Badge.

2.  There is no evidence of record which shows that the applicant was
awarded or qualified for or authorized to accept the German Marksmanship
Badge.  Therefore, there is insufficient evidence on which to base adding
the German Marksmanship Badge to his DD Form 214.

3.  Although the evidence of record shows the applicant served in an
infantry MOS during his deployment in Afghanistan, there is no evidence of
record which shows his unit was engaged in active ground combat or that he
was personally present and under hostile fire in Afghanistan.  Therefore,
there is insufficient evidence on which to base award of the Combat
Infantryman Badge in this case.
4.  Orders show the applicant received one award of the Army Commendation
Medal.

5.  The applicant participated in Operation Enduring Freedom in Afghanistan
from 25 March 2002 to 2 July 2002.  Therefore, he is entitled to award of
the GWOTEM and item 18 on his DD Form 214 should be corrected to show his
dates of service in Afghanistan.  Also, item 12f on his DD Form 214 should
be corrected to show that he served 3 months and 8 days of foreign service.

6.  The applicant served a period of qualifying service for award of the
GWOTSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

BE_____  KW_____  PM_____  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:

      a.  deleting the entry in item 12f on his DD Form 214;

      b.  adding the entry, "0000 03 08" in item 12f on his DD Form 214;

      c.  amending item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show that he
was awarded the Parachutist Badge, the Army Commendation Medal, the GWOTEM,
and the GWOTSM; and

      d.  amending item 18 on his DD Form 214 to add the entry,
"SERVICE IN AFGHANISTAN FROM 20020325 TO 20020702."

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 the German
Marksmanship Badge and the Combat Infantryman Badge.




            ___Barbara Ellis______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011027                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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