RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 July 2005
      DOCKET NUMBER:  AR20040011382


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborne             |     |Member               |
|     |Ms. Brenda K. 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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show he served in Iraq.  He also
requests authorized awards for Operation Iraqi Freedom, the Good Conduct
Medal, two German foreign awards, the Driver and Mechanic Badge, the
Overseas Service Ribbon, the Noncommissioned Officer Professional
Development Ribbon, two awards of the Army Commendation Medal, and the Army
Achievement Medal.

2.  The applicant states that his DD Form 214 was not updated before he was
discharged.  He states that he had 60 days after returning from Iraq to ETS
[expiration of term of service].  The awards for Iraq were not authorized
when he ended his tour.  He states that his Good Conduct Medal was not sent
in and he never received orders for the award.

3.  The applicant provides a copy of his DD Form 214; his orders awarding
him the Mechanic's Badge; his award certificate for the Army Achievement
Medal; a Memorandum for Record authorizing him to accept the German Armed
Forces Sportsmanship Badge; a Memorandum for Record authorizing him to
accept and wear the German Armed Forces Marksmanship Badge; his award
certificate for the Army Commendation Medal; a DA Form 638 (Recommendation
for Award); a DA Form 1059 (Service School Academic Evaluation Report);
group orders for deployment in support of Operation Enduring Freedom; his
promotion orders to sergeant; a memorandum authorizing redeployment; and
his Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 November 1998 for a
period of four years with an 11-month extension.  He completed basic
training and advanced individual training and was awarded military
occupational specialty 44B (Metal Worker).  He was assigned to Germany on
26 May 1999.

2.  The applicant was awarded the Mechanic's Badge for the attainment of a
high degree of skill in the maintenance and operation of motor vehicles for
the period 11 June 1999 to 24 March 2000 based on Department of the Army,
601st Aviation Support Battalion Permanent Orders 097-03 dated 6 April
2000.  The Military Awards regulation (Army Regulation 600-8-22) does not
show the Mechanic's Badge as an authorized award.  This regulation shows
the Driver and Mechanic Badge as an authorized award.

3.  The applicant was awarded the Army Achievement Medal for meritorious
service from 26 May 1999 to 25 May 2001 by Department of the Army,
601st Aviation Support Battalion Permanent Order Number 53-05 dated
22 February 2001.

4.  A Memorandum for Record dated 30 March 2001 authorized the applicant to
accept the German Armed Forces Sportsmanship Badge with Gold Star.  This
memorandum states that the badge is not to be worn.

5.  A Memorandum for Record dated 30 March 2001 authorized the applicant to
accept and wear the German Armed Forces Marksmanship Badge with Gold Star.

6.  The applicant departed Germany on 5 August 2001 and was reassigned to
Fort Hood, Texas.  Block 5 (Oversea Service) on his DA Form 2-1 (Personnel
Qualification Record) shows he was credited with a normal tour completion
in Germany (27 months).

7.  The applicant provided a DA Form 1059 which shows he successfully
completed the Primary Leadership Development Course from 5 September 2002
through 4 October 2002.

8.  The applicant was promoted to sergeant on 1 January 2003.

9.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas
Orders Number 029-09 dated 29 January 2003 show the applicant was deployed
to Central Command (CENTCOM) in support of Operation Enduring Freedom as
part of a group.

10.  The applicant was awarded the Army Commendation Medal for meritorious
achievement from 29 March 2003 to 1 May 2003 by Headquarters, 1st Brigade,
4th Infantry Division, Fort Hood, Texas Permanent Order Number 161-264,
undated.  The award certificate states that the applicant was assigned to
Task Force 3-66 Armor during Operation Iraqi Freedom from 6 April 2003 to 1
May 2003.

11.  The applicant was awarded the Army Commendation Medal as an end of
tour award for meritorious service from 10 August 2001 to 20 December 2003
by Headquarters, 1st Brigade, 4th Infantry Division, Tikrit, Iraq Permanent
Order Number 235-19, undated.

12.  Information obtained from the Defense Finance and Accounting Service
(DFAS) revealed that the applicant was authorized hostile fire pay from
April 2003 to August 2003.

13.  The applicant provided a 21 July 2003 memorandum from Headquarters,
Division Support Command, 4th Infantry Division (Mechanized), Operation
Iraqi Freedom, Tikrit, Iraq which authorized him to depart the CENTCOM no
earlier than 2 September 2003.

14.  The applicant's DA Form 2-1 lists award of the Army Service Ribbon,
the Mechanic's Badge and the Overseas Service Ribbon in Block 9 (Awards,
Decorations and Campaigns).

15.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.


16.  The applicant was honorably released from active duty in the rank of
sergeant on 20 December 2003 after completing 5 years, 1 month and 9 days
of creditable active service with no time lost.  He has no record of any
disciplinary actions taken against him.

17.  His DD Form 214 shows he was awarded the Army Lapel Button, the
National Defense Service Medal, and the Army Service Ribbon.

18.  Item 12f (Foreign Service) shows he completed 2 years, 2 months and
10 days of foreign service during the period covered by the report.

19.  Item 18 (Remarks) on his DD Form 214 does not show his deployment to
Iraq.

20.  Army Regulation 635-5 (Separation Documents) 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.

21.  Army Regulation 635-5 directs that foreign service performed during
the period covered by the DD Form 214 will be entered in item 12f (Foreign
Service).

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

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

24.  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.  The area of eligibility encompasses all land area of the
country of Iraq and the contiguous sea area out to 12 nautical miles and
the air space above these areas.  To qualify for award of this campaign
medal, service members must have been assigned or attached to or mobilized
with units operating in these areas of eligibility for 30 consecutive days
or for 60 non-consecutive days or meet one of the following criteria:  a)
be engaged in combat during an armed engagement, regardless of the time in
the area of eligibility;  b) be medically evacuated from the area of
eligibility for wounds or injuries resulting from participation in an
operation or official duties; or c)  participates as a regularly assigned
air crewmember flying sorties into, out of, within or over the area of
eligibility in direct support of the military operations [each day of
operations counts as one day of eligibility].  This campaign medal may be
awarded posthumously.

25.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.   Service stars are not prescribed for wear with this medal;
however, the Iraq Campaign Medal may be awarded with the bronze arrowhead
device to eligible Soldiers.  Effective 30 April 2005, the Global War on
Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be
awarded for service in Iraq; however, service members who qualified for the
GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an
area for which the Iraq Campaign Medal was subsequently authorized shall
remain qualified for the GWOTEM.  Upon application, any such service member
may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such
service; however, no service member shall be entitled to award of the Iraq
Campaign Medal and the GWOTEM for the same act, achievement or period of
service.

26.  On 16 July 2005, the applicant informed the Board analyst that he
would like the GWOTEM in lieu of the Iraq Campaign Medal.

27.  Army Regulation 600-8-22 (Military Awards) provides that the 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 Good
Conduct Medal, disqualification must be justified.

28.  Army Regulation 600-8-22 provides, in pertinent part for award of the
Driver and Mechanic Badge.  To receive award, the individual must qualify
for and possess a U.S. Government Motor Vehicles Operator’s Identification
Card, occupy a duty position with the title of driver or assistant driver
for a minimum of 12 consecutive months or during 8000 miles have no Army
motor vehicle accident or traffic violation recorded on the Equipment
Operator’s Qualification Record, and must Perform satisfactorily for a
minimum of one year as an active qualified driver instructor or motor
vehicle driver examiner.

29.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.  The award may be awarded retroactively to those personnel who were
credited with a normal overseas tour completion before 1 August 1981
provided they had an Active Army status on or after 1 August 1981 and the
overseas service is not recognized with another U.S. service medal.

30.  Army Regulation 600-8-22 shows that the Noncommissioned Officer
Professional Development Ribbon was established by the Secretary of the
Army on 10 April 1981.  It is awarded to members of Active Army, Army
National Guard, and U.S. Army Reserve Soldiers for successful completion of
designated Noncommissioned officer professional development courses to
include the Primary Leadership Development Course.

31.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations to include the Army Commendation Medal.

32.  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 of 40 hours or more successfully completed during the
period of service covered by title, length in weeks, and month and year
completed.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was deployed with a group from the 4th
Infantry Division to Iraq in support of Operation Enduring Freedom.  Pay
records at DFAS confirm that the applicant was authorized hostile fire pay
during the period April 2003 to August 2003.  It would be appropriate to
amend item 18 on his DD Form 214 to show his deployment to Iraq from on or
about 1 April 2003 to on or about 31 August 2003.

2.  Item 12f on his DD Form 214 appears to account only for his service in
Germany.  Based on the correction in paragraph 1, above, item 12f on the
applicant's DD Form 214 should be corrected to show 2 years, 7 months and
10 days of foreign service (which includes his 5 months of foreign service
in Iraq).

3.  The applicant has met the requirements for award of the GWOTEM and the
GWOTSM.  Therefore, his DD Form 214 should be corrected to show these
awards.

4.  The applicant was released from active duty in the rank of sergeant
after completing 5 years of honorable service with no time lost and no
record of any disciplinary actions taken against him.  Therefore, it
appears he met the eligibility criteria for the first award of the Good
Conduct Medal based on completion of a period of qualifying service of
three years from 12 November 1998 through 11 November 2001.



5.  The applicant was authorized award of the German Armed Forces
Sportsmanship Badge with Gold Star and the German Armed Forces Marksmanship
Badge with Gold Star.  Therefore, these foreign badges should be added to
his DD Form 214.

6.  Orders show the applicant was awarded the Mechanic's Badge.  Although
the Military Awards regulation does not list the Mechanic's Badge as an
authorized award, it shows the Driver and Mechanic Badge.  Therefore, it
would be appropriate to amend his DD Form 214 to show the Driver and
Mechanic Badge.

7.  The applicant completed an overseas tour in Germany and the Overseas
Service Ribbon is listed on his Personnel Qualification Record.  However,
the Overseas Service Ribbon is not reflected on his DD Form 214.
Therefore, it would be appropriate to add the Overseas Service Ribbon to
his DD Form 214.

8.  The applicant's Service School Academic Evaluation Report shows he
successfully completed the Primary Leadership Development Course from
5 September 2002 through 4 October 2002.  Therefore, he has met the
eligibility requirement for award of the Noncommissioned Officer
Professional Development Ribbon.

9.  As a result of the applicant's completion of the Primary Leadership
Development Course, item 14 on his DD Form 214 should be amended to show
the entry "Primary Leadership Development Course, 4 Weeks, October 2002."

10.  Permanent orders show the applicant as awarded two awards of the Army
Commendation Medal.  Therefore, his DD Form 214 should be amended to show
the Army Commendation Medal (First Oak Leaf Cluster).

11.  Permanent orders show the applicant was awarded the Army Achievement
Medal for meritorious service from 26 May 1999 to 25 May 2001.  Therefore,
the Army Achievement Medal should be added to his DD Form 214.

BOARD VOTE:

RJO____  JI ______  BK______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that the DD
Form 214 of the individual concerned be corrected:

      a.  by adding the entry "SERVICE IN IRAQ FROM 20030401 TO 20030831"
to item 18 on his DD Form 214;

      b.  by amending item 12f on his DD Form 214 to show 2 years, 7 months
and 10 days of foreign service;

      c.  by awarding him the first award of the Good Conduct Medal for the
period 12 November 1998 through 11 November 2001;

      d.  by showing he was awarded the GWOTEM, the GWOTSM, the Good
Conduct Medal, the German Armed Forces Sportsmanship Badge with Gold Star,
the German Armed Forces Marksmanship Badge with Gold Star, the Driver and
Mechanic Badge, the Overseas Service Ribbon, the Noncommissioned Officer
Professional Development Ribbon, the Army Commendation Medal (First Oak
Leaf Cluster), and the Army Achievement Medal; and

      e.  by amending item 14 on his DD Form 214 to show the entry "Primary
Leadership Development Course, 4 Weeks, October 2002."




                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011382                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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