RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 October 2005
      DOCKET NUMBER:  AR20050003021


      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. Joseph A. Adriance            |     |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.  In effect, in two separate applications, the applicant requests that
his record be corrected to show his entitlement to the Joint Meritorious
Unit Award (JMUA), Global War on Terrorism Expeditionary Medal (GWOTEM),
Global War on Terrorism Service Medal (GWOTSM), Iraq Campaign Medal (ICM),
and
Combat Action Badge (CAB).

2.  The applicant states, in effect, the awards in question were approved
after his separation and he is eligible for them based on his service in
Iraq, in support of Operation Iraqi Freedom.  He also states that while in
Iraq, he served with the
1st Battalion, 27th Field Artillery Regiment, 41st Field Artillery Brigade,
as the battalion chemical officer, and that this unit fired 191 Army
Tactical Missile Systems (ATACMS) missiles during combat operations.

3.  The applicant provides the following documents in support of his
application:  Active Duty Orders; Officer Evaluation Report; Recommendation
for Award
(DA Form 638); Separation Document (DD Form 214); and Discharge Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant requests award of the CAB.  However, there are no orders
or other evidence on file in his Official Military Personnel File (OMPF)
that confirm his entitlement to this award.  The implementation
instructions for
the CAB specified that requests for retroactive award of the CAB must be
forwarded to the Commanding General, United States Army Human Resources
Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471.  Members not
on active duty or in an active status may make their requests for the CAB
by Letter.  The applicant has been notified by separate correspondence of
the procedures and supporting documentation required in applying for the
CAB.  As a result, his request for award of the CAB will not be discussed
further in this Record of Proceedings.

2.  The applicant’s record shows that while serving as a captain in the
United States Army Reserve (USAR), he was ordered to active duty in support
of Operation Enduring Freedom pursuant to the Presidential Executive Order
of
14 September 2001.  In compliance with these orders, the applicant entered
active duty at Fort Leonard Wood, Missouri on 28 February 2003, and was
assigned to the 41st Field Artillery Brigade in Europe, where he arrived
for duty on 10 March 2003.

3.  The applicant’s record further shows he served in Southwest Asia (SWA)
from 10 April 2004 through 17 January 2004, and that he served with the
Combined Joint Task Force-Seven, Baghdad, Iraq in support of Operation
Iraqi Freedom from 14 April through 15 September 2003, as evidenced by the
OER he received for this period.  The OER evaluated the applicant as the
Request for Information (RFI) officer for Combined Joint Task Force-Seven,
Baghdad, Iraq.  This report also indicates he performed duties as the
chemical officer for an ATACMS forward deployed Multiple Launch Rocket
System (MLRS) battalion in the United States Army Europe (USAREUR) and S-1
for the V Corps Visitor Bureau, Baghdad, Iraq.  The rater and senior rater
comments on the report all address the applicant’s performance of duty with
Combined Joint Task Force-Seven as the RFI officer.

4.  A Recommendation for Award (DA Form 638) in the applicant’s record
confirms he was awarded the Army Commendation Medal (ARCOM), for
meritorious service from 10 March 2003 through 1 June 2003, while assigned
to the 41st Artillery Brigade during Operation Iraqi Freedom.

5.  On 17 February 2004, the applicant was honorably released from active
duty (REFRAD) after completing 11 months and 20 days of active duty
service.  The DD Form 214 he was issued confirms he served in SWA from 10
April 2003 through 17 January 2004, and that he completed the period for
which he was ordered to active duty in support of Operation Enduring
Freedom.

6.  Human Resources Command (HRC)-St. Louis Orders Number D-04-412408
authorized the applicant’s honorable discharge from the USAR on 7 April
2004.

7.  HRC Message, dated 17 March 2004, disseminated implementing
instructions for award of the GWOTEM for Soldiers deployed abroad for
service in GWOT 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 (AOEs) 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 AOE; b) while participating in
the designated operation, regardless of time, is killed or wounded/injured
requiring medical evacuation from the AOE, 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 AOE 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.
8.  HRC Message, dated 17 March 2004, disseminated implementing
instructions for award of the GWOTSM.  This award is designated for
Soldiers who have participated in or served in support of GWOT operations
outside of the designated AOE determined for award of the GWOTEM 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.  Soldiers may receive both the GWOTSM and GWOTEM 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.

9.  HRC, Military Awards Branch Message, dated 8 April 2005 provided the
following implementing instructions for award of the ICM.  Award of the ICM
was 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 AOE 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 AOEs 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
AOE; 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 AOE 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.  The 8 April 2995 HRC, Military Awards Branch message providing the ICM
implementing instructions also specified that the award may be authorized
for any individual.  Service stars are not prescribed for wear with this
medal; however, the ICM may be awarded with the bronze arrowhead device to
eligible Soldiers.  Effective 30 April 2005, the 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 ICM was subsequently authorized
shall remain qualified for the GWOTEM.  Upon application, any such service
member may be awarded the ICM in lieu of the GWOTEM for such service;
however, no service member shall be entitled to award of the ICM and the
GWOTEM for the same act, achievement or period of service.
11.  The Chairman of the Joint Chiefs of Staff awarded the JMUA to
Headquarters, Combined Task Force-Seven, Baghdad, Iraq, for exceptionally
meritorious achievement from 15 June 2003 to 14 May 2004.  Members of the
Armed Forces of the United States who were present at the time and directly
participated in the service or achievement for 30 days or more were
authorized to wear the JMUA.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that while serving as a member of the
USAR, the applicant entered active duty, in support of Operation Enduring
Freedom, on 28 February 2003.  It further shows he served outside of a
designated AOE from 28 February through 9 March 2003, and that he served in
Iraq from 10 April 2003 through 17 January 2004.  It also shows that while
serving in Iraq, he performed duties as the RFI officer for Combined Joint
Task Force-Seven, Baghdad, Iraq during the period 14 April 2003 through 15
September 2003.

2.  Based on the more than 30 days of qualifying active duty service the
applicant completed in support of the GWOT outside an authorized AOE
between
28 February and 9 April 2003, he is entitled to the GWOTSM.  Further, based
on his service in Iraq, an authorized AOE, he is also entitled to the
GWOTEM.  As a result, it would be appropriate to correct his record to show
his entitlement to these awards.

3.  The evidence of record also confirms the applicant served as the RFI
officer with the Combined Joint Task Force-Seven, Baghdad, Iraq, from 14
April through 15 September 2003.  Therefore, he is entitled to the JMUA
authorized for this unit for the period 15 June 2003 to 14 May 2004, and it
would be appropriate to add this award to his record at this time.

4.  The existing policy prohibits award of both the GWOTEM and the ICM.
Thus, given the applicant qualified for the GWOTEM, he is not eligible to
receive the ICM.
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 showing that he is entitled to the Joint
Meritorious Unit Award, Global War on Terrorism Expeditionary Medal, and
Global War on Terrorism Service Medal; and by providing him a corrected
separation document that includes these awards.

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
award of the Iraq Campaign Medal.




            ____Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003021                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/04/07                              |
|DISCHARGE AUTHORITY     |AR 135-175                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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