RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050002528


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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.

2.  The applicant states, in effect, that his discharge document is
incorrect and should be corrected to show his proper rank, date of rank,
total record of foreign service, and all of his awards.

3.  The applicant provides copies of three DD Forms 214 (Certificate of
Release or Discharge from Active Duty); promotion orders to master
sergeant; and copies of documents relating to his awards, including the
Bronze Star Medal, two Army Commendation Medals, the North Atlantic Treaty
Organization Medal, two State of Texas Federal Service Medals, and a DA
Form 1577 (Authorization for Issuance of Award), dated 9 July 1999.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 January 2005, the date of his release from active duty.  The application
submitted in this case is dated 30 January 2005.

2.  The applicant's DD Form 214, with an effective date of 5 January 2005,
shows he was honorably released from active duty, by reason of completion
of required active service.  At that time, the applicant was transferred to
Headquarters, 142nd Support Detachment, Corps Rear Area Operations,
Abilene, Texas, with
6 years and 20 days total active service, and 15 years, and 22 days total
prior inactive service.

3.  Item 4a (Grade, Rate, or Rank) of the applicant's DD Form 214 contains
the entry "SFC" and Item 4b (Pay Grade) contains the entry "E7".  Item 12
(Record of Service), Section h (Effective Date of Pay Grade), of the
document contains the entry "2001 Year(s), 01 Month(s), 03 Days(s)".

4.  Item 12, Section a (Date Entered AD This Period), of the applicant's DD
Form 214 contains the entry "2003 Year(s), 09 Month(s), 12 Day(s)"; Item
12, Section b (Separation Date This Period), of the document contains the
entry "2005 Year(s), 01 Month(s), 05 Days(s)"; and Item 12, Section c (Net
Active Service This Period), contains the entry "0001 Year(s), 03 Month(s),
24 Day(s)".



5.  Item 12, Section f (Foreign Service), of the applicant's DD Form 214
contains the entry "0000 Year(s), 08 Month(s), 25 Day(s)".  Item 18
(Remarks) of the document contains, in pertinent part, the following entry
"…//SOLDIER SERVED IN AN IMMINENT DANGER AREA OF KUWAIT/IRAQ FROM 031026 TO
040720".

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized (All periods of service)) of the applicant's DD Form
214 shows the following awards:  Army Achievement Medal (2nd Award),
Meritorious Unit Commendation, Global War On Terrorism Expeditionary Medal,
Global War On Terrorism Service Medal, Army Good Conduct Medal, National
Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Armed
Forces Reserve Medal, Armed Forces Reserve Medal with Mobilization Device,
Noncommissioned Officer Professional Development Ribbon with Numeral 3,
Army Service Ribbon, Overseas Service Ribbon (2nd Award), Army Reserve
Components Overseas Training Ribbon, North Atlantic Treaty Organization
Medal, and Republic of Vietnam Campaign Medal with 60 Device.

7.  The applicant provides documentary evidence that includes three DD
Forms 214, with effective dates of 5 January 2005, 2 November 2000, and 18
July 1969; his promotion orders to master sergeant; and copies of documents
relating to his awards in support of his application.  Further examination
of this documentary evidence follows.

8.  The applicant provides, and his records also contain, a copy of Texas
Military Forces, Joint Forces Headquarters, Adjutant Generals Department,
Austin Texas, Orders 306-1030, dated 1 November 2004, which show that the
applicant was promoted to the rank of master sergeant/pay grade E8, with an
effective date and date of rank of 28 June 2004.

9.  Item 18 of the applicant's DD Form 214 shows that, during the period
covered by this document (i.e., 12 September 2003 through 5 January 2005)
he served overseas (i.e., foreign service) from 26 October 2003 to 20 July
2004; a total of
0 years, 8 months, and 25 days.

10.  The applicant provides a copy of a Bronze Star Medal Certificate and
DA Form 638 (Recommendation for Award), dated 3 December 2004, issued under
authority of Headquarters, Multi-National Corps Iraq, Baghdad, Iraq,
Permanent Order 338-044, dated 3 December 2004, which shows that he was
awarded the Bronze Star Medal for meritorious service during Operation
Iraqi Freedom from
6 March 2004 to 31 July 2004.

11.  The applicant provides a copy of an Army Commendation Medal
Certificate, issued under authority of Headquarters, Engineer Brigade, Camp
Eagle, Bosnia, Permanent Order 277-06, dated 3 October 2000, which shows
that he was awarded the Army Commendation Medal for meritorious achievement
as Noncommissioned Officer in Charge for the Base Camp Assessment Team from
3 March 2000 to 3 October 2000.

12.  The applicant provides a copy of an Army Commendation Medal
Certificate, issued under authority of Headquarters, III Corps, Texas Army
National Guard, Abilene, Texas, Permanent Order 02-403, which shows that he
was awarded the Army Commendation Medal for meritorious service while
performing as Operations Noncommissioned Officer, Corps Rear Operations
Center, III Corps Warfighter Exercise, Phantom Thunder/Phantom Lighting.

13.  The applicant provides a copy of a North Atlantic Treaty Organization
Medal Certificate for his service during Operation Joint Forge from 14
February 2000 to 4 October 2000.

14.  The applicant also provides copies of two State of Texas, Federal
Service Medal Certificates, dated 4 October 2000 and 16 October 2004,
awarded for his active service with the Armed Forces of the United States.

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

16.  The applicant's records contain a copy of Headquarters, 142nd Rear
Operations Center, Texas Army National Guard, Abilene, Texas memorandum,
dated 20 May 2003, which shows that the applicant was awarded the Army
Reserve Components Achievement Medal (first, second, third, and fourth
awards) during the period of service from 24 November 1989 through
23 November 2002.

17.  The applicant's records contain a copy of Headquarters, Engineer
Brigade, 49th Armor Division, Eagle Base, Bosnia memorandum, dated 31 July
2000, which shows that the applicant was awarded the Driver and Mechanic
Badge with Driver - W Component Bar (for wheeled vehicles).

18.  The applicant's DD Form 214, with an effective date of 2 November
2000, shows that he served in support of Operation Joint Forge in Bosnia-
Herzegovina from 14 February 2000 to 4 October 2000.

19.  The applicant's DD Form 214, with an effective date of 18 July 1969,
shows that he served in the Republic of Vietnam.  Item 24 of this document
shows that he was awarded the Expert Marksmanship Qualification Badge with
Rifle Bar.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that the applicant's unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Order Number 8
(1974).

21.  Army Regulation 600-8-22 (Military Awards) prescribes the Army policy,
criteria, and administrative instructions concerning individual military
awards.  This document lists authorized awards and decorations, and their
order of precedence, for entry on the DD Form 214.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

23.  Army Regulation 600-8-22 provides that the Army Commendation Medal 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.  This Army regulation also provides, in pertinent
part, that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Army
Commendation Medal.

24.  The North Atlantic Treaty Organization (NATO) Medal was authorized by
the Secretary General of the North Atlantic Treaty Organization for
specific NATO operations.  The Secretary of Defense may approve acceptance
and wear by United States service members who meet the criteria specified
by the Secretary General of NATO.  Acceptance of the NATO Medal has been
approved for U.S. military personnel who serve under NATO command or
operational control in direct support of NATO operations in the former
Republic of Yugoslavia from 1 July 1992 through a date to be determined.



25.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.  Service members must be members of a
unit participating for 1 or more days in the operation within the
designated area of eligibility, or meet one or more of the following
criteria:  (1) be engaged in direct support for 30 consecutive days in the
area of eligibility (or for the full period when an operation is of less
than 30 days duration) or for 60 nonconsecutive days provided this support
involves entering the area of eligibility; or participate as a regularly
assigned crew member of an aircraft flying into, out of, within, or over
the area of eligibility in support of the operation.

26.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Reserve Components Achievement Medal is authorized for award to Army
personnel including Active Guard/Reserve officers in the rank of colonel
and below for exemplary behavior, efficiency, and fidelity while serving as
a member of an Army National Guard or Army Reserve troop program unit or as
an individual mobilization augmentee.  Since 3 March 1972 the medal has
been authorized on completion of 4 years service with a Reserve Component
unit.  The individual must have completed 4 years of qualifying service on
or after 3 March 1972 and before the effective date of this regulation (28
March 1995).  Beginning on the effective date of this regulation, the
period of qualifying service for award of the Army Reserve Components
Achievement Medal was reduced from 4 to 3 years.  This change was not
retroactive.  Such years of qualifying service must have been consecutive.
A period of more than 24 hours between Reserve enlistments or officer’s
service will be considered a break in service.  Credit toward earning the
award must begin anew after a break in service.  The bronze oak leaf
cluster is awarded to denote the second and succeeding awards of certain
decorations, among which is the Army Reserve Components Achievement Medal.

27.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.


28.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

29.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

30.  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.

31.  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.

32.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.

      a.  The instructions for completing Item 4a (Grade, Rate, or Rank)
and Item 4b (Pay Grade) are to "Enter the active duty grade or rank and pay
grade at time of separation from ERB/ORB".  The instructions for Item 12h
(Effective Date of Pay Grade) indicate, "From the most recent promotion
order (or reduction instrument), enter the effective date of promotion to
the current pay grade".

      b.  The instructions for completing Item 12f (Foreign Service) are to
"Enter the total amount of foreign service completed during the period
covered by the DD Form 214 (emphasis added), as taken from the
PQR/ERB/ORB".

      c.  The instructions for completing Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods
of service)), are to "List awards and decorations for all periods of
service in the priority sequence specified in AR 600-8-22.  Each entry will
be verified by the Soldier's records.  Do not use abbreviations".

      d.  The instructions for completing Item 18 (Remarks) further state
that an entry will be made for an active duty Soldier deployed with his or
her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Items 4a, 4b, and 12h of his DD
Form 214 should be corrected because his rank, pay grade, and effective
date of pay grade are incorrect.  The applicant also contends that Item 12f
of his DD Form 214 should be corrected because all of his foreign service,
accrued over the course of his entire military career, is not shown on the
document.  The applicant further contends that Item 13 of the document is
in error because it does not show all of the awards that he is authorized.

2.  The applicant provides documents which support the fact that he was
promoted to the rank of master sergeant/pay grade E-8, with an effective
date of 28 June 2004, and his entitlement to awards not shown on his
separation document.  Therefore, the evidence of record shows that the
applicant's DD Form 214, with an effective date of 5 January 2005, contains
errors regarding the applicant's rank, pay grade, effective date of pay
grade, and his awards.

3.  The evidence of record shows that the applicant was promoted to the
rank of master sergeant/pay grade E-8, with an effective date and date of
rank of
28 June 2004.  Therefore, Items 4a, 4b, and 12h of his DD Form 214 should
be corrected to show "MSG", "E8", and "2004 06 28", respectively.

4.  The evidence of record confirms that the applicant served overseas from
26 October 2003 through 20 July 2004 during the period covered by his DD
Form 214, with an effective date of 5 January 2005.  Therefore, Item 12f of
his DD Form 214 correctly shows that he completed a total of 8 months and
25 days foreign service during the period covered by the DD Form 214.

5.  The evidence of record shows that the applicant was awarded the Bronze
Star Medal, two awards of the Army Commendation Medal, four awards of the
Army Reserve Components Achievement Medal, the Expert Marksmanship
Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with
Driver - W Component Bar.  Therefore, it would be appropriate to correct
his records to show these awards.

6.  The evidence of record also shows that the applicant is authorized
award of the Armed Forces Service Medal, Vietnam Service Medal, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it
would be appropriate to correct his records to show these awards.

7.  The State of Texas, Federal Service Medal Certificates that the
applicant provides represent awards issued under the authority of the
Governor of the State of Texas, which are normally awarded by the State
Adjutant General or a designated representative.  State awards are not
governed by, or listed in, Army Regulation 600-8-22.  Therefore, entry of
the state awards on the applicant's
DD Form 214 is not authorized.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK __  __DJA __  __DRT __  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, as follows:

      a.  DD Form 214; Items 4a, 4b, and 12h:  Delete:  "SFC", "E7", and
"20001  00  03";  Add:  "MSG", "E8", and "2004 06 28"; and

      b.  DD Form 214, Item 13:  Add:  Bronze Star Medal, Army Commendation
Medal with 1st oak leaf cluster, Army Reserve Components Achievement Medal
with 3rd oak leaf cluster, Armed Forces Service Medal, Vietnam Service
Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Driver and
Mechanic Badge with Driver - W Component Bar, and Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

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 total foreign service and state awards.




                                  ____STANLEY KELLEY______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002528                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050105                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |107.0000.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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