RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 December 2005
      DOCKET NUMBER:  AR20050005973


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard Sayre                 |     |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 DD Form 214
(Certificate of Release or Discharge from Active Duty) to show a third
award of the Army Commendation Medal, the Korea Defense Service Medal, and
the Combat Action Badge.

2.  The applicant states his DD Form 214 does not show his third award of
the Army Commendation Medal, the Korea Defense Service Medal, and the new
Combat Action Badge.

3.  The applicant provides orders for three awards of the Army Commendation
Medal; his DD Form 214; permanent change of station orders; and temporary
duty orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in Operation Iraqi Freedom.

2.  The applicant requested correction of his records to show award of the
Combat Action Badge.  Requests for award of the Combat Action Badge must be
forwarded to the Commanding General, U.S. Army Human Resources Command,
ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471.  This award may be
requested by letter.  All requests must contain the following:  (1)
assignment, attachment or operational control orders; (2) a copy of the
Soldier's Enlisted Record Brief or DA Form 2-1; (3) a copy of the chain of
command endorsement; (4) a one-page narrative description of the qualifying
incident; (5) a certified copy of the DD Form 214 (Certificate of Release
or Discharge from Active Duty); and (6) supporting documentation.  The
applicant is required to exhaust all administrative remedies; accordingly,
there will be no further discussion of this issue.

3.  The applicant entered active duty on 12 July 2000.  He served as an
avenger crewman in Iraq in support of Operation Iraqi Freedom from 14
February 2003 to 5 February 2004 and was released from active duty on 11
July 2004.

4.  The applicant's DD Form 214 shows two awards of the Army Commendation
Medal, the Army Achievement Medal, the Army Good Conduct Medal, the
National Defense Service Medal, the Global War on Terrorism Expeditionary
Medal, the Global War on Terrorism Service Meal, the Noncommissioned
Officer’s Professional Development Ribbon, the Army Service Ribbon, the
Expert Marksmanship Qualification Badge with Rifle Bar and the Parachutist
Badge as authorized awards.
5.  Headquarters, US Army Air Defense Artillery Center and Fort Bliss
permanent change of station orders, dated 29 November 2000, show the
applicant was assigned to Korea effective 12 January 2001.

6.  Headquarters, 2nd Brigade, Fort Bragg, North Carolina Permanent Orders
336-23, dated 2 December 2003, show the applicant received the Army
Commendation Medal for achievement for providing critical first aid and
saving the life of a wounded Soldier on 14 April 2003 in Iraq.

7.  Headquarters, 2nd Brigade, Fort Bragg, North Carolina Permanent Orders
339-12, dated 5 December 2003, show the applicant received the Army
Commendation Medal for meritorious service during the period 13 February
2003 to 8 January 2004.

8.  Headquarters, Division Support Command, 82nd Airborne Division, Fort
Bragg, North Carolina Permanent Orders 113-39, dated 22 April 2004, show
the applicant received the Army Commendation Medal for meritorious service
during the period 1 February 2002 to 1 July 2004.  (This period completely
overlaps that shown on Headquarters, 2nd Brigade, Fort Bragg, North
Carolina Permanent Orders 339-12, dated 5 December 2003).

9.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one
decoration will be awarded to an individual for the same act, achievement,
or period of meritorious service.

10.  The Secretary of Defense approved the implementing instructions and
criteria for the Korea Defense Service Medal on 3 February 2004.  The Korea
Defense Service Medal is authorized to members of the Armed Forces who have
served on active duty in support of the defense of the Republic of Korea
from
28 July 1954 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received three awards of the Army
Commendation Medal, one award for achievement and two awards for
meritorious service.  Since the two awards for meritorious service are for
overlapping dates of service, only one of these awards is valid in
accordance with the governing regulation.  Therefore, the applicant is
entitled to two awards of the Army Commendation Medal which are properly
reflected on his DD Form 214.  Based on the foregoing, there is
insufficient evidence on which to base award of a third award of the Army
Commendation Medal.

2.  The applicant served a period of qualifying service for award of the
Korea Defense Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JM_____  ML_____  RS______  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 his DD Form 214 to show that he was
awarded the Korea Defense Service Medal.

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
a third award of the Army Commendation Medal.




            ___John Meixell_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005973                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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