RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          5 October 2004
      DOCKET NUMBER:  AR2004100952


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry C. Bergquist            |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show award of the
Army Commendation Medal (ARCOM) with Oak Leaf Cluster and the Kosovo
Campaign Medal.

2.  The applicant also requests that his DD Form 214 be corrected to show
his status has changed from "Temporary Disability Retired List (TDRL)" to
"Permanently Disability Retired List (PDRL)."

3.  The applicant states, in effect, that 18 months after he was released
from active duty and placed on the TDRL, he was moved to the PDRL.

4.  The applicant provides in support of his request:

      a.  Orders Number D164-17, US Army Physical Disability Agency,
Washington, DC, dated 23 August 2003, removing him from the TDRL and
placing him on the PDRL.

      b.  Permanent Orders Number 036-01, Headquarters, 1st Calvary
Division, Fort Hood, Texas, dated 9 February 1999, assigning him to
temporary duty in Bosnia-Herzegovina in support of Operation Joint Guard
(sic).

      c.  Two DA Forms 638 (Recommendation for Award), dated 4 June 1997 and
3 January 2001, awarding him ARCOMs.

      d.  Manifest Report, dated 26 January 1999, showing the applicant as
deploying to Bosnia-Herzegovina.

CONSIDERATION OF EVIDENCE:

1.  The records that are available are limited to those that were provided
by the applicant.  Permanent Orders Number 036-01 are unit orders that show
the applicant was serving with the 545th Military Police (MP) Company, 1st
Cavalry Division, Fort Hood when his entire unit was mobilized for
deployment to Bosnia-Herzegovina in support of Operation Joint Forge.  The
projected effective movement date was on or about 22 February 1999, the
length of the mission was 179 days up to 364 days.

2.  The Manifest Roster shows the applicant as being one of the 545th MP
Company soldiers scheduled to deploy on Operation Joint Guard (sic).

3.  The DA Form 638, dated 4 June 1997, shows the applicant was awarded the
ARCOM for exceptionally meritorious service as an MP team leader while
assigned to the Brigade Military Police Force, 532d Military Intelligence
Battalion, 501st Military Intelligence Brigade for the period 4 July 1996
to 4 July 1997.  The award was issued by Permanent Order Number 155-3,
Headquarters, 501st Military Intelligence Brigade.

4.  The DA Form 638, dated 3 January 2001, shows he was awarded the ARCOM
for exceptionally meritorious service while assigned as an MP with the
545th Military Police Company for the period 31 July 1997 to 26 December
2000 The award was issued by Permanent Order Number 003-003, Headquarters,
1st Brigade, 1st Cavalry Division.

5.  The applicant's DD Form 214 shows that on 16 January 2001, while
assigned to Fort Hood, he was honorably retired from active duty by reason
of "disability, temporary."

6.  The applicant's DD Form 214 also shows he was awarded the ARCOM, Army
Achievement Medal, Good Conduct Medal, Armed Forces Expeditionary Medal,
Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty
Organization Medal, Expert Marksmanship Qualification Badge with Rifle Bar,
Marksmanship Qualification Badge with Mortar Bar, and the Driver and
Mechanic Badge with Driver Bar.

7.  The applicant's DD Form 214 does not show the Kosovo Campaign Medal.

8.  On 23 August 2002, the applicant was removed from the TDRL and placed
on the PDRL with a permanent disability rating of 30 percent.  Orders
Number D164-17, US Army Physical Disability Agency accomplished the action.

9.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.  An oak leaf cluster is authorized for wear for each
additional award of the ARCOM.

10.  The Kosovo Campaign Medal may be awarded to members of the Armed
Forces of the United States who have participated in, or served in direct
support of, Kosovo operation(s):  Allied Force (3/24/99 through 6/10/99);
Joint Guardian (6/11/99-to be determined); Allied Harbour (4/4/99 through
9/1/99); Sustain Hope/Shining Hope (4/4/99 through 7/10/99); Noble Anvil
(3/24/99 through 7/20/99); or Kosovo Task Force(s):  Hawk (4/5/99 through
6/24/99); Saber 3/31/99 through 7/8/99); Falcon (6/11/99 - to be determined
and coinciding with Joint Guardian); or Hunter (4/1/99 through 11/1/99).
Service members must have met one of the following requirements:

      a.  Bona fide members of a unit participating in, or engaged in,
direct support of the Operation for 30 consecutive days in the area of
operations, or for 60 nonconsecutive days provided this support involves
entering the area of operations.

      b. Engaged in actual combat or duty that is equally hazardous as
combat duty during the Operation with armed opposition, regardless of time
in the area of operations.


      c.  Wounded or injured while participating in the Operation,
regardless of length of time, requiring medical evacuation from the area of
operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided proof that he was awarded two ARCOMs and is
entitled to have his DD Form 214 reflect award of the ARCOM with Oak Leaf
Cluster.

2.  The applicant has submitted orders and a personnel manifest showing
that he deployed to Bosnia-Herzegovina in support of Operation Joint
Guardian [the order mistakenly references "Joint Guard" which does not
exist].  The orders and manifest are accepted as proof that he is entitled
to the Kosovo Campaign Medal.

3.  The applicant's DD Form 214 appropriately shows he was placed on the
TDRL at the time of separation from active duty.  Order Number D164-17
shows that on 23 August 2002, he was removed from the TDRL and placed on
the PDRL.  This does not provide a basis for changing his DD Form 214.  The
two documents clearly show his status changed after he was separated.  The
DD Form 214 correctly shows his status upon leaving active duty and cannot
be changed; that is why the US Army Physical Disability Agency is required
to issue orders when changing a soldier's TDRL status.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__kan___  __jtm___  __lcb___  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 showing award of the ARCOM with Oak Leaf Cluster and
the Kosovo Campaign Medal.

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
changing the DD Form 214 of the individual concerned to show he was placed
on the PDRL.



                 Kathleen A. Newman
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100952                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041005                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0020                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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