RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050003294


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr.  Rodney E. Barber             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, that his records be corrected to
show his period of service in Iraq and by awarding him the Army
Commendation Medal, the Good Conduct Medal, the Global War on Terrorism
Service Medal, the Global War on Terrorism Expeditionary Medal, the Iraq
Campaign Medal, and the Driver and Mechanics Badge with Driver-W (for
wheeled vehicles), Driver-T (for tracked vehicles, Mechanic (for automotive
or allied vehicles), and Field Artillery component bars.

2.  The applicant states his service in Iraq is not listed on his DD Form
214 (Certificate of Transfer or Discharge From Active Duty).  He states
that it also does not list all of his awards, as many were not authorized
until after he separated from active duty.

3.  The applicant provides copies of a DD Form 214, a DD Form 1351-2
(Travel Voucher or Subvoucher), temporary change of station orders, an Army
Motor Vehicle Operators Permit, and 15 pages printed from an Internet
webpage showing U.S. Army decorations.

CONSIDERATION OF EVIDENCE:

1.  The applicant's is requesting correction of his records to show award
of the Army Commendation Medal.  There are no orders or other evidence
authorizing award of this award to the applicant.  In the absence of a
proper award authority to this decoration, the applicant may request award
of the Army Commendation Medal, under provisions of Section 1130 of Title
10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

2.  The available records show the applicant first enlisted in the Idaho
Army National Guard (IDARNG) on 22 November 1999.  He served on initial
active duty for training from 23 May 2000 through 13 October 2000 and was
awarded the military occupational specialty (MOS) 63D (Self-Propelled Field
Artillery Systems Mechanic).

3.  The applicant was honorably discharged from the IDARNG on 25 February
2001.  His NGB Form 22 lists his awards as the Army Achievement Medal, the
Army Service Ribbon, and the Idaho Service Ribbon.

4.  The applicant entered active duty, in the Regular Army, on 26 February
2001. Other than the documentation prepared at the time of his enlistment,
the applicant's Official Military Personnel File (OMPF) contains only his
DD Form 214 of 25 February 2004 and a DD Form 2-1 (Personnel Qualification
Record), included on his OMPF microfiche, which is blank except for the
entry of the Armed Services Vocational Battery test scores.

5.  The applicant provided a copy of an U.S. Government Motor Vehicles
Operator’s Identification Card issued on 11 February 2003 indicating he was
authorized to operate 13 types of vehicles or equipment.

6.  Army Field Artillery Center and Fort Sill Orders 053-303, dated 22
February 2003, indicate that B Battery, 2nd Battalion, 5th Field Artillery
Regiment received temporary change of station orders to deploy to the
Central Command in support of Operation Enduring Freedom.  The duration of
the deployment was not to be less than 179 days and not to be more that 365
days with a proceed date of 15 March 2003.  Additional instructions
indicate that the members were entitled to Awards and Decorations in
accordance with Army Regulation 600-8-22 and were authorized both Hardship
and Hostile Fire/Imminent Danger pay.  A personnel roster accompanying the
orders indicates the applicant was assigned to the unit at that time.

7.  A DD Form 1351-2, dated 2 December 2003, indicates that the applicant,
while assigned to B Battery, 2nd Battalion, 5th Field Artillery Regiment,
was authorized and paid for travel from Fort Sill, Oklahoma to
"Kuwait/Iraq" and back to Fort Sill.  It indicates he arrived in
"Kuwait/Iraq" on 12 April 2003 and departed on 27 November 2003 with
arrival at Fort Sill on 28 November 2003.

8.  The 25 February 2004 DD Form 214 indicates the applicant served 3 years
on active duty with 4 months and 21 days of prior active duty and 10 months
and 13 days of prior inactive service.  Block 12f (Foreign Service) does
not indicate any foreign service.

9.  The DD From 214 lists his awards as the Army Achievement Medal (4th
award), the National Defense Service Medal, and the Army Service Ribbon.

10.  Title 10, U.S. Code, section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  However, based on decisions of the U.S.
Court of Appeals, the ABCMR has adopted the policy of calculating its 3-
year statute of limitations from the date of final action in those requests
wherein an applicant has sought a lower level administrative remedy.
Requests for awards submitted under Title 10, United States Code, Section
1130 (10 USC 1130) to the Army Decorations Board are considered a lower
level administrative remedy.  Since there is no statute of limitations on
filing requests for awards under 10 USC 1130, the ABCMR has determined that
the 3-year statute of limitations for filing with ABCMR should commence on
the date of final action on an award request by the Army Decorations Board.


11.  Army Regulation 600-8-22 (Military Awards), chapter 4 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.  There is no right or entitlement to the medal
until the immediate commander has approved the award and the award has been
announced in permanent orders.

12.  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.

13.  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.

14.  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.

15.  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.

16.  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].  This campaign medal may be
awarded posthumously.

17.  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.

18.  Army Regulation 600-8-22, paragraph 8-28 provides for award of the
Driver and Mechanic Badge to drivers, mechanics, and special equipment
operators to denote the attainment of a high degree of skill in the
operation and maintenance of motor vehicles.  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.  Authorized component bars
include Driver-W (for wheeled vehicles), Driver-T (for tracked vehicles,
Driver-M (for motorcycles), Driver-A (for amphibious vehicles), Mechanic
(for automotive or allied vehicles), Operator-S (for special mechanical
equipment), and Field Artillery.

DISCUSSION AND CONCLUSIONS:

1.  The available records show that the applicant 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 on or after 11 September 2001.  As such he is
authorized award of the Global War on Terrorism Service Medal.

2.  The available records show the applicant served in either Kuwait and/or
Iraq during a period for which the Global War on Terrorism Expeditionary
Medal and the Iraqi Campaign Medal are authorized.  Since the specific
location of the applicant's service is not of record and only one of the
medals is authorized for the same period of time, it is most appropriate to
award the applicant the Global War on Terrorism Expeditionary Medal.

3.  The available records indicate that the applicant served overseas for
the period from 12 April 2003 through 27 November 2003 (7 months and 16
days).  It is appropriate to correct his record to show this period of
foreign service.

4.  With the total absence of documentation upon which a determination that
the applicant distinguished himself by his conduct, efficiency, and
fidelity during a qualifying period of active duty enlisted service, it is
inappropriate to award the applicant the Good Conduct Medal at this time.

5.  While the applicant possessed a U.S. Government Motor Vehicles drivers
license, that documents numerous types of vehicles and equipment he was
authorized to operate, because his available records are devoid of any
entries to show he occupied a duty position with the title of driver or
assistant driver for the required minimum of 12 consecutive months or
operated a motor vehicle for 8000 miles, there is insufficient evidence
that the applicant qualified for award of the basic Driver and Mechanics
Badge.

6.  Because of the near total absence of any entries in the applicant's
OMPF, it is recommended that the applicant review all documentation that he
might have in his personal possession and to contact his former command to
attempt to obtain supporting documentation for the items not granted at
this time.  If the applicant is able to obtain sufficient supporting
documentation it is recommended he request that those issues be
reconsidered.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS__  __RMN___  __REB _  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 authorized award of the Global
War on Terrorism Service Medal and the Global War on Terrorism
Expeditionary Medal, and that he had 7 months and 16 days of foreign
service.

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 Good Conduct Medal, and the Driver and Mechanics Badge with
clasps.




                                  __     Linda D. Simmons___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003294                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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