RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050003862


      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. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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 award of the Army Achievement
Medal (First Oak Leaf Cluster), Army Commendation Medal, Presidential Unit
Citation (Army), Presidential Unit Citation (Navy), and Global War on
Terrorism Expeditionary Medal.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 15 August
2003; DA Form 638 (Recommendation for Award), dated 20 May 2003;
Headquarters, U.S. Total Army Personnel Command, Alexandria, Virginia
memorandum, dated
10 September 2003; and Commandant, U.S. Marine Corps, Washington, District
of Columbia message, 120730Z December 2003, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 August 2003, the date of his release from active duty.  The
application submitted in this case is dated 17 September 2004.

2.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration) either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

3.  The applicant requests award of the Army Achievement Medal (First Oak
Leaf Cluster).  However, there are no orders or award certificate on file
in his Official Military Personnel File (OMPF) that confirms his
entitlement to this award.  In the absence of authority for this award, the
applicant may request award of the Army Achievement Medal (First Oak Leaf
Cluster) under the provisions of 10 USC 1130.  The applicant has been
notified by separate correspondence of the procedures for applying for this
award under 10 USC 1130.  As a result, the award will not be discussed
further in this Record of Proceedings.
4.  The applicant's military service record shows that he enlisted in the
U.S. Army Reserve on 30 April 1998.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 62B (Construction Equipment Repairer)
and subsequently awarded MOS 12C (Bridge Crewmember).

5.  On 16 January 2003, the applicant was ordered to active duty in support
of Operation Iraqi Freedom and served as a member of the 459th Engineer
Company (Assault Bridge) in Kuwait, from 13 February 2003 through 19 March
2003, and in Iraq, from 20 March 2003 through 20 May 2003.  The applicant's
unit redeployed to the United States and was assigned to Fort Leonard Wood,
Missouri, where he served until he was released from active duty on 15
August 2003 after serving honorably for 7 months.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized (All periods of service)) of the applicant's DD Form
214, with an effective date of 15 August 2003, shows the following awards:
Army Achievement Medal, Army Reserve Components Achievement Medal, National
Defense Service Medal, Humanitarian Service Medal, Armed Forces Reserve
Medal with "M" Device, Noncommissioned Officer's Professional Development
Ribbon, Army Service Ribbon, and Army Reserve Components Overseas Training
Ribbon.

7.  The applicant provides a copy of a DA Form 638 which shows that he was
recommended for award of the Bronze Star Medal for valor on 7 and 8 April
2003.  This document also shows that the approving authority downgraded the
recommended award and approved award of the Army Commendation Medal for
valor.

8.  The applicant provides a copy of Headquarters, U.S. Total Army
Personnel Command memorandum, dated 10 September 2003, which announced
award of the Presidential Unit Citation to the 3rd Infantry Division, for
the period 19 March 2003 to 1 May 2003.  The list of supporting units that
are entitled to this unit award shows the applicant's unit; the 459th
Engineer Company.

9.  The applicant provides a copy of Commandant, U.S. Marine Corps message,
date-time group 120730Z December 2003, which shows that the I Marine
Expeditionary Force was awarded the Presidential Unit Citation (Navy) for
actions in Operation Iraqi Freedom, from 21 March 2003 to 24 April 2003.
This document shows that the 459th Engineer Company is listed as a
participating unit and that Soldiers assigned or attached to the unit
during the cited period, and who participated in the actions cited, are
eligible for the award.
10.  Army Regulation 600-8-22 (Military Awards) 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.  This document also provides, in
pertinent part, that the bronze “V” device indicates acts of heroism
involving conflict with an armed enemy and authorizes the bronze “V” device
in conjunction with award of the Army Commendation Medal.  As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation is awarded for extraordinary heroism in action.
A unit must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

12.  Army Regulation 600-8-22, Section III (U.S. Unit Decorations),
paragraph
7-12, shows, in pertinent part, that the Presidential Unit Citation (Navy)
has been established to recognize outstanding heroism or exceptionally
meritorious conduct in the performance of outstanding services.  This
document also shows that the Presidential Unit Citation (Navy) immediately
follows the Presidential Unit Citation (Army and Air Force) in order of
precedence.

13  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) provides, in pertinent part, that a Soldier may wear the unit
award permanently if the individual was assigned to and present for duty
with the unit anytime during the period cited.

14.  Headquarters, U.S. Army Human Resources Command message, dated
17 March 2004, disseminated implementing instructions for award of the
Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad
for service in 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.

15.  Headquarters, U.S. Army Human Resources Command message, dated
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:
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 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.

16.  Headquarters, U.S. Army Human Resources Command message, dated
17 March 2004, also 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.

17.  Soldiers may receive both the Global War on Terrorism Expeditionary
Medal and the Global War on Terrorism Service 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.  Battalion commanders and commanders of separate units are
authorized to award the Global War on Terrorism Expeditionary Medal and
Global War on Terrorism Service Medal to qualified personnel; permanent
orders are not required.




18.  Army Regulation 635-5, in effect at the time of the applicant's
separation, prescribed the separation documents that were required to be
prepared and furnished to Soldiers upon separation from the Army.  It also
established standardized policy for preparing and distributing the DD Form
214.  Table 2-1 (DD Form 214 Preparation Instructions) of this Army
regulation contains guidance on the preparation of the DD Form 214.  The
instructions for Item 18 (Remarks) provide that a statement will be added
to show service in the country deployed, along with the dates of service
(e.g., from and to dates).  In addition, the instructions for Item 13 show
that the awards entered will be for all periods of service and instructs
the preparing official to check the Soldier's service records for the
validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 13 of his DD Form 214 is
in error and should be corrected because it does not show all of the awards
that he is authorized.

2.  The applicant provides copies of his DD Form 214, Permanent Orders, a
U.S. Total Army Personnel Command memorandum, and U.S. Marine Corps message
which support his claim of entitlement to the Army Commendation Medal for
valor, Presidential Unit Citation (Army), Presidential Unit Citation
(Navy), and Global War on Terrorism Expeditionary Medal.

3.  The evidence of record shows that Permanent Orders awarded the
applicant the Army Commendation Medal for heroism in action on 7 and 8
April 2003. Therefore, he is entitled to correction of his records to show
this award.

4.  General Orders awarded the applicant's unit the Presidential Unit
Citation (Army).  Therefore, it would be appropriate to correct his records
to show this unit award.

5.  General Orders awarded the applicant's unit the Presidential Unit
Citation (Navy).  Therefore, it would be appropriate to correct his records
to show this unit award.

6.  The evidence of record shows the applicant is entitled to the Global
War on Terrorism Expeditionary Medal for his service in support of
Operation Enduring/ Iraqi Freedom in the designated area of eligibility,
from 13 February 2003 to 20 May 2003.  Therefore, he is entitled to
correction of his records to show this award.

7.  The evidence of record shows the applicant is entitled to the Global
War on Terrorism Service Medal for his service in support of Global War on
Terrorism operations outside the area of eligibility, from 21 May 2003 to
15 August 2003.  Therefore, he is entitled to correction of his records to
show this award.

BOARD VOTE:

___JS___  __PHM__  __LJO___  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
adding the following awards to his DD Form 214:  Army Commendation Medal
with "V" Device, Presidential Unit Citation (Army), Presidential Unit
Citation (Navy), Global War on Terrorism Expeditionary Medal, and Global
War on Terrorism Service Medal.




                                  ______ JOHN SLONE____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003862                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20030815                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |107.0025.0000                           |
|3.                      |107.0031.0000                           |
|4.                      |107.0000.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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