RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050002495


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Robert E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his records be corrected to show 4 months and 6
days of service in Iraq, award of the Combat Infantryman Badge, and the
Global War on Terrorism Medal; and by awarding him the Good Conduct Medal.

2.  The applicant states, in effect, that his DD Form 214 (Certificate of
Release or Discharge From Active Duty) is incomplete and needs to be
corrected.

3.  The applicant provides copies of his DD Form 214, temporary change of
station orders, award orders for the Combat Infantryman Badge, and a
Patient Movement Request.

CONSIDERATION OF EVIDENCE:

1.  The records show the applicant entered active duty on 8 February 2001,
completed training, and was awarded the military occupational specialty
(MOS) 11B (Infantryman).

2.  In accordance with Headquarters, 4th Infantry Division Orders 029-012,
dated 29 January 2003, the applicant's unit was ordered to proceed on
temporary change of station to the Central Command area of responsibility
(AOR) in support of (ISO) Operation Enduring Freedom (OEF) on a date to be
determined at a later point.

3.  Headquarters, 4th Infantry Division Permanent Orders 196-06, dated 15
July 2003, awarded the Combat Infantryman Badge to the applicant.  The
orders cite the reason for the award as for participating in combat
operations under enemy hostile fire to liberate Iraq in support of
Operation Iraqi Freedom.  The period of service is listed as from 24 April
2003 to 15 June 2003.

4.  A 22 August 2003 Patient Movement Request Data sheet indicates that on
16 August 2003, while washing his clothes in a creek in Iraqi, the
applicant was caught in the current and nearly drowned.  He developed
pneumonia and was transferred to Landstuhl, Germany for treatment.  He was
subsequently transferred to the Army Medical Center, Fort Hood, Texas on 22
August 2003.

5.  The applicant was honorably released from active duty on 7 February
2004.

6.  His DD Form 214 indicates at:

      a,  Block 4 (Grade), he was separated as a specialist (SPC/E-4);
      b.  Block 12c (Net active Service this period), 3 years Federal
service;

      c.  Block 12f (Foreign Service), lists no period of foreign service;

      d.  Block 13 (Decorations Medals, Citations), lists his awards and
decorations as the Army Achievement Medal, the National Defense Service
Medal, the Army Service Ribbon, and the Army Lapel Button; and

      e.  Block 18 (Remarks) does not indicate service in Iraq or in
support of Operation Enduring Freedom or Iraqi Freedom.

7.  The applicant's record contains no indication of any disciplinary
actions or negative counseling statements.  It also does not contain any
indication of if or when his unit deployed in support of Operation Enduring
Freedom.

8.  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.

9.  Human Resources Command Message (Date Time Group 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.

10.  The Human Resources Command Message (Date Time Group 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 (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.

11.  Human Resources Command Message (Date Time Group 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.

12.  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.

13.  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).

14.  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.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

16.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
Item 12f state, in pertinent part, to enter the total amount of foreign
service completed during the period covered in Item 12c.  The instructions
for completing Item 18 state, in pertinent part, for an active duty Soldier
deployed with his or her unit during their continuous period of active
service enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM
(inclusive dates for example, YYYYMMDD - YYYYMMDD)".

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency, and
fidelity as evidenced by his combat service, his personal decorations, and
his promotion to E-4.  The record contains no indication of any
disqualifying incidents or recommendations.  It is appropriate to award the
applicant the Good Conduct Medal for his period of service from 8 February
2001 through 7 February 2004.

2.  The available records show the applicant engaged in actual ground
combat against the enemy while deployed abroad in Operation Iraqi Freedom.
Therefore, he is authorized award of the Global War on Terrorism
Expeditionary Medal for his service from 24 April 2003 through 24 August
2003.

3.  The applicant also served in support of the Global War on Terrorism
Operations outside of the designated area of eligibility determined for
award of the Global War on Terrorism Expeditionary Medal.  He is therefore
authorized award of the Global War on Terrorism Service Medal for his
period of service prior to his deployment to Iraq on 24 April 2003.

4.  The applicant's records should be corrected to reflect his award of the
Combat Infantryman Badge on 15 July 2003.

5.  The available records only support a finding that the applicant was
deployed overseas in Iraq in support of Operation Iraqi Freedom from 24
April 2003 through 22 August 2003.  This period of foreign service equates
to 3 months and 29 days.  Therefore, Item 12f of the applicant's DD Form
214 should be corrected to show the entry "0000 03 29".  In addition, Item
18 of the applicant's DD Form 214 should also be corrected with an entry to
show overseas service in Iraq from
24 April 2003 through 22 August 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCH__  __REB_ _  __JRM___  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 making the following corrections to the
applicant’s DD Form 214:

      a.  Item 12f.  Foreign Service
                 Delete:  "0000   00  00"
                 Add:     "0000  03  29"

      b.  Item 13.  Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized
                 Add:  "GOOD CONDUCT MEDAL [for the period 8 February
            2001 through 7 February 2004]//GLOBAL WAR ON
      TERRORISM SERVICE MEDAL
(GWOTSM)//GLOBAL WAR ON TERRORISM
EXPEDITIONALY MEDAL (GWOTEM)//COMBAT                          INFANTRYMAN
BADGE (CIB)”

      c.  Item 18.  Remarks
                 Add:  "SERVICE IN IRAQ FROM 20030424 - 20030824"

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
correction of the record to show more than 3 months and 29 days of foreign
service.



                                  __         James C. Hise______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002495                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES        1.        |100                                     |
|2.                      |107                                     |
|3.                      |110                                     |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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