RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:  AR20050005600


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 17
February 2004 separation document (DD Form 214) be amended by adding the
Meritorious Service Medal (MSM) and Global War on Terrorism Expeditionary
Medal (GWOTEM).

2.  The applicant states, in effect, that the MSM he was awarded and the
GWOTEM he is entitled to were not included on his DD Form 214.

3.  The applicant provides his DD Form 214 and retirement orders in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on 11 March 2003, while serving as a
sergeant major (SGM) in the West Virginia Army National Guard (WVARNG), he
was ordered to active duty for a period not to exceed 730 days in support
of Operation Enduring Freedom.

2.  On 15 March 2003, he entered active duty and he continuously served in
that status for 11 months and 3 days until being honorably released from
active duty (REFRAD) and returned to his WVARNG unit on 17 February 2004.
The
DD Form 214 he was issued shows he was deployed to and served in
Kuwait/Iraq from 17 May 2003 through 24 January 2004.  It also confirms he
served in a designated imminent danger pay zone and that he would be
eligible for the GWOTEM if the award was approved by Congress.  Item 13
does not include the MSM.

3.  Subsequent to his REFRAD and return to his WVARNG unit, the applicant
was awarded the MSM in conjunction with his discharge from the WVARNG and
transfer to the Retired Reserve, he was awarded the MSM, for his
meritorious service with the WVARNG from 5 June 1984 through 10 November
2004.  This award was announced in WVARNG Permanent Orders Number 336-001,
dated 1 December 2004.

4.  Executive Order Number 13289, dated 12 March 2003, established the
GWOTEM and the Global War on Terrorism Service Medal (GWOTSM).
These medals are awarded to recognize all members of the Armed Forces of
the United States serving in, or in support of GWOT operations on or after
11 September 2001.

5.  The GWOTEM guidance specifies, in pertinent part, that to be eligible
for this award, a Soldier must be assigned, attached or mobilized to a unit
participating in designated operations for 30 consecutive days or 60 non-
consecutive days in designated Areas of Expedition (AOE) in direct support
of operations Enduring Freedom and/or Iraqi Freedom.  Only Soldiers serving
in an operationally deployed status in a designated AOE are eligible for
the GWOTEM.  Kuwait and Iraq are included authorized AOE for the GWOTEM
during the period 24 April 2001 through 24 April 2005.

6.  The GWOTSM is authorized to be awarded to Soldiers who have
participated in or served in support of GWOT operations outside a
designated AOE on or after 11 September 2001.  All Soldiers on active duty,
including Reserve Component Soldiers mobilized and National Guard Soldiers
activated on or after 11 September 2001, having served 30 consecutive days
or 60 non-consecutive days, are authorized the GWOTSM.

7.  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 item-by-item instructions for preparing the DD
Form 214.  The instructions for Item 13 state, in pertinent part, that all
awards earned as of the date of separation, as verified from the Soldier’s
record, will be entered.  There are no provisions for adding awards earned
subsequent to the date the Soldier was REFRAD.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was ordered to active
duty in support of Operation Enduring Freedom and served on active duty
from
15 March 2003 through 17 February 2004.  The record further shows he served
in an authorized AOE (Kuwait/Iraq) from 17 May 2003 through 24 January
2004. Therefore, he is entitled to both the GWOTSM and GWOTEM, and it would
be appropriate to add these awards to his record and separation document at
this time.

2.  The applicant’s request to add the MSM he received from the WVARNG for
retirement was also carefully considered.  However, there are no regulatory
provisions that provide for adding awards subsequent to the effective date
of a DD Form 214.  Therefore, it would be inappropriate and unfair to
Soldiers’ in a similar circumstance to grant this portion of the requested
relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__BPI ___  __DWS__  __EEM_  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 amending Item 13 of his 17 February 2004 DD Form
214 by adding the Global War on Terrorism Service Medal and Global War on
Terrorism Expeditionary Medal; and by providing him a correction to his DD
Form 214 that includes these changes.

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
adding the Meritorious Service Medal to his DD Form 214.




            ____Bernard P. Ingold_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005600                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/02/17                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |Completion of Required Service          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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