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ARMY | BCMR | CY2005 | 20050002480C070206
Original file (20050002480C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050002480


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 discharge document
to show awards he believes he is entitled to based upon his service in
support of the Global War on Terrorism.

2.  The applicant states, in effect, that his discharge document should be
corrected to show award of the Army Achievement Medal, Combat Infantryman
Badge, Armed Forces Expeditionary Medal, and Global War on Terrorism
Expeditionary Medal; that the Global War on Terrorism Service Medal should
be deleted from his discharge document; and he should be issued a
certificate for his Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 14
September 2004; DA Form 638 (Recommendation for Award), dated 18 October
2002; DA Form 4980-18 (Army Achievement Medal), dated 22 October 2002;
Headquarters,
3rd Brigade, 3rd Infantry Division (Mechanized), Permanent Order 123-1,
dated
3 May 2003; Headquarters, 3rd Infantry Division (Mechanized) and Fort
Stewart, Fort Stewart, Georgia, Orders 227-75, dated 15 August 2002 and
Permanent Orders 350-10, dated 16 December 2002; and Headquarters,
Department of the Army letter 600-04-4, dated 21 September 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 September 2004, the date of his discharge from the U.S.
Army.  The application submitted in this case is dated 9 February 2005.

2.  The applicant's military personnel record shows that he enlisted in the
U.S. Army Reserve on 16 January 2002 and entered active duty in the Regular
Army on 5 February 2002.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Infantryman).

3.  The applicant's DD Form 214 shows that he was honorably discharged from
the U.S. Army on 14 September 2004 after serving on active duty for a total
of
2 years, 7 months, and 10 days.  Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized), of the applicant's
DD Form 214 shows he was awarded the National Defense Service Medal, Global
War On Terrorism Service Medal, Army Service Ribbon, and Army Lapel Button.

4.  The applicant provides documentary evidence in support of his
application that includes his DD Form 214, award orders, two deployment
orders, and a policy letter on the Armed Forces Expeditionary Medal, which
offer evidence in support of his entitlement to additional awards for his
service during the Global War on Terrorism.  This documentary evidence
shows that he was assigned to Company A, 1st Battalion, 15th Infantry
(Mechanized) and deployed in support of Operation Desert Spring 02-02, from
5 September 2002 to 24 November 2002, and Operation Enduring/Iraqi Freedom,
from 19 March 2003 to 15 July 2003.

5.  The applicant provides a copy of an Army Achievement Medal Certificate,
dated 22 October 2002 and Headquarters, 1st Battalion, 15th Infantry
(Mechanized), Fort Benning, Georgia, Permanent Order Number 300-15, dated
5 November 2002, which shows that he was awarded the Army Achievement Medal
for outstanding performance while serving in Task Force 1-15 Infantry
during Operation Desert Spring 02-02, from 18 May 2002 to 1 December 2002.

6.  The applicant also provides a copy of Headquarters, 3rd Brigade, 3rd
Infantry Division (Mechanized), Permanent Order 123-1, dated 3 May 2003,
which shows he was awarded the Combat Infantryman Badge for ground combat
against an enemy ground force, from 20 March 2003 to 14 April 2003.

7.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

8.  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 and his records
do not contain any adverse information.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Good Conduct Medal is awarded to individuals who distinguish
themselves by their exemplary conduct, efficiency, and fidelity during a
qualifying period of active duty enlisted service.  After 27 June 1950 to
the present time, the current standard for award of the Good Conduct Medal
is 3 years of qualifying service, but as little as one year is required for
the first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.




10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Achievement Medal is awarded to any member of the armed forces of the
United States, who while serving in a noncombat area on or after 1 August
1981, distinguished themselves by meritorious service or achievement.  As
with all personal decorations, formal recommendations, approval through the
chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge may be awarded to infantry and special forces
commissioned officers (in the grade of colonel or below), warrant officers,
and enlisted Soldiers with an infantry or special forces MOS.  They must
have served in active ground combat while assigned or attached to an
infantry or special forces unit of brigade, regimental or smaller size.
The Military Awards Branch of the U.S. Army Human Resources Command
announced that, effective 5 December 2001, Operation Enduring Freedom began
the fourth conflict qualifying for award of the Combat Infantryman Badge.
As with all personal decorations, formal recommendations, approval through
the chain of command, and announcement in orders are required.  However, a
certificate is not issued for the Combat Infantryman Badge.

12.  Army Regulation 600-8-22, provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  An individual, who was not engaged in actual combat or equally
hazardous activity, must have participated in operations or in direct
support of operations for 30 consecutive or 60 nonconsecutive days.
Headquarters, U.S. Army Human Resources Command message, date-time group
140947Z February 2000, announced the Secretary of the Army's approval of
the Armed Forces Expeditionary Medal for Operation Desert Spring, from 31
December 1998 to (a date subsequently determined to be) 18 March 2003, in
the expanded area of eligibility of Iraq operations in Southwest Asia.

13.  Headquarters, U.S. Army Human Resources Command message, dated
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.

14.  Headquarters, U.S. Army Human Resources Command message, dated
17 March 2004, limited initial award of the Global War on Terrorism
Expeditionary Medal to Soldiers who deployed abroad in Operations Enduring
Freedom and Iraqi Freedom in the following areas of eligibility:
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 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.

15.  Headquarters, Department of the Army letter 600-04-4, dated
21 September 2004, provides, in pertinent part, that Soldiers who deployed
in support of Operation Desert Spring between 31 December 1998 to 18 March
2003 can elect to receive either the Armed Forces Expeditionary Medal or
Global War on Terrorism Expeditionary Medal, but they may not be awarded
both for the same period.

16.  Headquarters, U.S. Army Human Resources Command message, dated
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.


17.  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.  Battalion commanders and commanders of separate units are
authorized to award the Global War on Terrorism Service Medal and Global
War on Terrorism Expeditionary Medal to qualified personnel; permanent
orders are not required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to the Army
Achievement Medal, Combat Infantryman Badge, Armed Forces Expeditionary
Medal, and Global War on Terrorism Expeditionary Medal based upon his
service in support of the Global War on Terrorism.  He also contends, in
effect, that his discharge document should be corrected to delete the
Global War on Terrorism Service Medal and that he should be issued a
certificate for his Combat Infantryman Badge.  The applicant provides
documents which support his service during the Global War on Terrorism and
his request for awards.

2.  Permanent Orders awarded the applicant the Army Achievement Medal.
Therefore, he is entitled to correction of his records to show this award.

3.  Permanent Orders awarded the applicant the Combat Infantryman Badge.
Therefore, he is entitled to correction of his records to show this badge.
However, a certificate is not issued for the Combat Infantryman Badge.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 5 February 2002 to 14 September 2004 based on completion of
a period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

5.  Evidence of record shows that the applicant is entitled to award of the
Armed Forces Expeditionary Medal for his service during Operation Desert
Spring, from 5 September 2002 to 24 November 2002.  Therefore, he is
entitled to correction of his records to show this award.

6.  Evidence of record shows the applicant is entitled to the Global War on
Terrorism Expeditionary Medal for his service in support of Operation
Enduring and Iraqi Freedom, from 19 March 2003 to 15 July 2003.  Therefore,
he is entitled to correction of his records to show this award.

7.  Evidence of record shows the applicant was awarded the Global War on
Terrorism Service Medal for his service in support of the Global War on
Terrorism outside the area of eligibility.  Therefore, the applicant's DD
Form 214 is correct, in that it properly shows this award in Item 13.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MHM__  __ALR__  __LDS___  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.  awarding the Good Conduct Medal for the period 5 February 2002 to
14 September 2004; and

      b.  correcting his DD Form 214 to add the Good Conduct Medal, Army
Achievement Medal, Combat Infantryman Badge, Armed Forces Expeditionary
Medal, and Global War on Terrorism Expeditionary 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
the applicant's request for a Combat Infantryman Badge certificate and
deletion of the Global War on Terrorism Service Medal.




                                  ____MELVIN H. MEYER______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002480                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040914                                |
|DISCHARGE AUTHORITY     |AR 635-40, Paragraph 4-24B(3)           |
|DISCHARGE REASON        |Disability, Severance Pay               |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |107.0072.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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