RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          5 January 2006
      DOCKET NUMBER:  AR20050003100


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 two separate DD Forms 149, award of: the
Global War on Terrorism Expeditionary Medal (GWOTEM); the Global War on
Terrorism Service Medal (GWOTSM); the Korea Defense Service Medal (KDSM);
and the Army Superior Unit Award (ASUA), First Oak Leaf Cluster.

2.  The applicant states he is entitled to the above-mentioned awards but
they are not included on his DD Form 214 (Certificate of Release or
Discharge from Active Duty) because each was finalized after his retirement
from the Army.  As such, none of the awards are listed on his separation
document.  He desires correction of his DD Form 214 to show all authorized
awards and decorations.

3.  The applicant provides copies of:

      a. his DD Form 214, dated 31 October 2003;


      b. his DA Form 4037 (Officer Record Brief);


      c. Headquarters, 24th Infantry Division (Mechanized) Orders Number 179-
94, dated 22 September 1994, announcing permanent change of station of the
applicant to Korea;


      d. a DA Form 67-8 (Officer Evaluation Report), covering the period
2 October 1994 to 1 June 1995;


      e. a DA Form 638-1 (Recommendation for Award), dated 15 November 1995,
announcing award of the Army Commendation Medal, First Oak Leaf Cluster, to
the applicant;


      f. a DA Form 67-8, covering the period 1 June 1997 to 30 September
1997;


      g. 38th Personnel Services Battalion, Detachment D Orders Number 333-
001, dated 29 November 2000, announcing permanent change of station of the
applicant to 3d Infantry Division, Fort Stewart, Georgia;


      h. Headquarters, 3d Infantry Division Orders Number 186-96, dated 5
July 2001, announcing reassignment and deployment of the applicant in
support of Task Force Falcon in Kosovo;




      i. a DA Form 67-8, covering the period 31 October 2001 to 30 October
2002;


      j. Headquarters, Fort Stewart and Hunter Army Airfield Permanent
Orders Number 21-1, dated 21 January 2003, announcing movement of
Headquarters, 3 Combat Support Battalion (-) and Supporting Elements to
Kuwait, in support of Operation Enduring Freedom;


      k. Headquarters, 1st Brigade Combat Team (OIF), 3d Infantry Division
(MECH) (FWD) Permanent Orders Number 120-08, dated 30 April 2003,
announcing award of the Combat Medical Badge to the applicant;


      l. 3d Infantry Division Orders Number 104-7, dated 14 April 2003,
announcing award of the Bronze Star Medal to the applicant;


      m. a Certificate of Award of the Purple Heart to the applicant for
wounds sustained during Operation Iraqi Freedom; and


      n. a U.S. Army Human Resources Command (HRC) letter, dated 1 February
2004, announcing award of the ASUA to 3d Support Battalion, 3d Infantry
Division for actions in Kosovo during the period 8 May 2001 to 21 November
2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents submitted by the applicant in support of his
request.

2.  The available records show the applicant last entered active duty on 17
April 1992.  Prior to that date, he had served a total of 8 years, 4
months, and 21 days of active federal service.  The applicant was honorably
separated from the service on 31 October 2003 in pay grade O-4 and placed
on the retired list the following day.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows he is entitled
to the following awards: the Bronze Star Medal; the Purple Heart; the Army
Commendation Medal (6th Award); the Army Achievement Medal (2d Award); the
Presidential Unit Citation (Army); the Air Force Outstanding Unit Award;
the Army Superior Unit Award; the Army Good Conduct Medal (3d Award); the
National Defense Service Medal (2d Award); the Armed Forces Expeditionary
Medal; the Kosovo Campaign Medal; the Humanitarian Service Medal; the Armed
Forces Reserve Medal; the Army Service Ribbon; the Overseas Service Ribbon
(2d Award); the Army (Retired) Lapel Button; the NATO Medal (Kosovo); the
Expert Marksmanship Badge with Rifle, Pistol, and Small Bore Rifle Bars;
the Sharpshooter Marksmanship Badge with Rifle Bar; the Combat Medical
Badge; the Expert Field Medical Badge; the Army Aviator Badge; the Senior
Flight Surgeon Badge; and the Driver and Mechanic Badge.

4.  U.S. Army HRC Message (Date Time Group 17 March 2004) disseminated
implementing instructions for award of the GWOTEM 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.

5.  HRC Message (Date Time Group 17 March 2004) limited initial award of
the GWOTEM 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.

6.  HRC Message (Date Time Group 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 Global War on
Terrorism Operations outside of the designated area of eligibility
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.

7.  Soldiers may receive both the GWOTEM and the GWOTSM 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 GWOTSM to qualified personnel.  Permanent orders
are NOT required.

8.  HRC Message (Date Time Group 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.

9.  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 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.

10.  In a telephone conversation between the staff of the Board and HRC
Awards Branch personnel on 20 December 2005, Awards Branch advised that
Soldiers who deployed to the AOE in support of Operation Enduring Freedom,
and later participated in Operation Iraqi Freedom, are eligible for both
the GWOTEM and the Iraq Campaign Medal, provided they are fully qualified
for both.

11.  HRC Message (Date Time Group 9 February 2004) published implementing
instructions for award of the KDSM.  This message specified criteria for
the award of the KDSM as follows: a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from 28
July 1954 through a future date to be determined by the Secretary of
Defense; b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas; c) service members must have
been mobilized with units or assigned or attached to units operating in the
area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant deployed to Kuwait in support of
Operation Enduring Freedom for more than 30 days.  Therefore, he is
entitled to award of the GWOTEM and correction of his records to show this
service medal.

2.  Evidence of record shows that the applicant served on active duty for
more than 30 consecutive days subsequent to 11 September 2001.  Therefore,
he is entitled to award of the GWOTSM and correction of his records to show
this service medal.

3.  Evidence of record shows the applicant is entitled to award of the Iraq
Campaign Medal.  Therefore, he is entitled to correction of his records to
show this service medal.

4.  The applicant’s records show he is entitled to the KDSM.  Therefore, he
is entitled to correction of his records to show this service medal.

5.  The available records show the applicant was entitled to one award of
the ASUA at the time of his retirement from the Army.  The evidence
provided by the applicant shows he was assigned to 3d Support Battalion, 3d
Infantry Division during the period the unit was awarded the ASUA.  This
award was not approved until 1 December 2004, and announced by HRC Awards
Branch on 1 February 2005.  Therefore, the applicant is entitled to award
of a second award of the ASUA, properly shown as the ASUA, First Oak Leaf
Cluster, and correction of his records to show this unit award.

BOARD VOTE:

___rjf ___  ___wdp__  ___tmr__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of:

      a. the GWOTEM;


      b. the GWOTSM;


      c. the Iraq Campaign Medal;


      d. the KDSM; and


      e. the ASUA (First Oak Leaf Cluster).




            ______William D. Powers_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003100                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]