RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050000011


      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. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |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 the revocation
of Permanent Orders Number 038-043.

2.  The applicant states, in effect, that he was attached to the 10th
Special Forces Group during his deployment on Operation Iraqi Freedom.  He
continues that he was awarded the Combat Medical Badge.  He further states
the award was revoked and by regulation he believes he met the criteria for
the award.

3.  The applicant provides a DD Form 214 (Certificate of Release or
Discharge from Active Duty) with the ending period 29 April 2004;
Department of the Army, 3rd Personnel Command (Forward) Camp Arifjan,
Kuwait Permanent Orders 174-929, dated 23 June 2003; and Department of the
Army, 3rd Personnel Command (Forward) Camp Arifjan, Kuwait Permanent Orders
038-043, dated 7 February 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered the U.S. Army Reserve (USAR) on 22 May 1991 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 91B (Medical Specialist).


2.  The applicant was ordered to active duty in support of Operation
Enduring Freedom/Operation Iraqi Freedom on 3 February 2003.  He was
assigned to the Combined Joint Special Forces Task Force-North in Iraq for
the period of 17 March 2003 through 14 March 2004.

3.  Department of the Army, 3rd Personnel Command (Forward) Camp Arifjan,
Kuwait Permanent Orders 174-929, dated 23 June 2003 shows the applicant was
awarded the Combat Medical Badge for the period service 21 March 2003
through 15 May 2003.

4.  Department of the Army, 3rd Personnel Command (Forward) Camp Arifjan,
Kuwait, Permanent Orders 038-043, dated 7 February 2004 shows that
Permanent Orders 174-929 were revoked.

5.  On 29 April 2004, the applicant was honorably released from active duty
and returned to the USAR.



6.  The applicant's DD Form 214 for the period ending 29 April 2004 shows
award of the Army Achievement Medal (2nd Award), the National Defense
Service Medal (2nd Award), the Kosovo Campaign Medal, the Armed Forces
Reserve Medal and Mobilization (2nd Award), the Army Service Ribbon, the
North Atlantic Treaty Organization Medal, the Combat Medical Badge, and the
Driver and Mechanic Badge with Driver-W Bar.

7.  The applicant's records do not show award of the Global War on
Terrorism Expeditionary Medal (GWOTEM) or the Global War on Terrorism
Service Medal (GWOTSM).

8.  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.

9.  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.



10.  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.

11.  The applicant did not respond to a request to choose between the
Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Medical Badge is awarded to medical department
personnel (colonel and below) who are assigned or attached to a medical
unit of company or smaller size that is organic to an infantry unit of
brigade, regimental or smaller size which is engaged in active ground
combat.  Battle participation credit is not sufficient; the infantry unit
must have been in contact with the enemy and the Soldier must have been
personally present and under fire during such ground combat.

13.  The U.S. Human Resources Command message date time group 051639Z
December 2001, Subject: Delegation of Wartime Awards Approval Authority
directed that the Combat Medical Badge may only awarded to medical
personnel who accompany Infantry or Special Forces Soldiers in active
ground combat.  Effective 16 January 1991, personnel assigned or attached
to Armor and ground Cavalry unit of brigade or smaller size who
satisfactory perform medical duties while the unit is engaged in actual
ground combat also qualify for the Combat Medical Badge, provided they are
personally present and under fire.  Battle participation credit alone will
not be the basis for award of the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence presented by the applicant does not demonstrate the
existence of a probable error or injustice.  There is no evidence of record
and the applicant has not provided evidence that specifically shows why the
revocation of Permanent Orders 174-929 occurred.  However, the applicant’s
DD Form 214 shows he was awarded the Combat Medical Badge.

2.  If the DD Form 214 is correct, it is possible Permanent Orders 174-929
was revoked because it was a duplicate order.  Therefore, the overall
merits of this case are insufficient as a basis for correction of the
applicant's records.

3. 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 29 April 2004.

4.  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

__ JS ___  __ DJ ___  __ MJF _  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. John Slone ____
                                      CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000011                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |11 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . .                                 |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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