RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         22 December 2005
      DOCKET NUMBER:  AR20050006498


      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. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, amendment of Item 12f (Foreign
Service), Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized), and Item 14 (Military Education) of his 3
August 2003 separation document (DD Form 214).

2.  The applicant states, in effect, that the Army Commendation Medal
(ARCOM), Army Good Conduct Medal (AGCM), Driver and Mechanic Badge,
Overseas Service Ribbon, Physical Fitness Badge, and Expert Qualification
Badge with Pistol and Rifle Bars should be added to the list of awards in
Item 13 of his
DD Form 214.  He further states that the following courses he completed
should be added to Item 14 of his separation document:  Civil Disturbance
Course; Domestic Violence Intervention Training; United States Forces Korea
(USFK) Customs Course; Unit Armorer Course; and Better Opportunities for
Single Soldiers (BOSS) Training.  He further requests that his foreign
service in Panama from 15 through 29 August 1998, his service in support of
Operation Noble Eagle from 21 September 2001 through 1 May 2002, and his
service in support of Operation Enduring Freedom from 1 April through 9
June 2003 be added to his separation document.

3.  The applicant provides the following documents in support of his
application:
Self-Authored Letter; DD Form 214; Army American Counsel on Education (ACE)
Registry Transcript; Certificates of Training (Unit Armorer Course and USFK
Customs Course); United States Army Military Police School Diploma;
Certificate of Participation for BOSS; Bravo Detachment, 22d Personnel
Services Battalion Permanent Orders Number (#) 095-418; 728th Military
Police Battalion Permanent Orders # 355-02; Physical Fitness Badge
Certificate of Achievement; Army Physical Fitness Test (APFT) Scorecard; C
Detachment, 516th Personnel Services Battalion Orders # 192-66; United
States Army Engineer Center and Fort Leonard Wood Orders # 229-572;
Department of Military Affairs State of Illinois Orders # 114-023; United
States Army South Panama Certificate of Appreciation; Eighth Army Wightman
Noncommissioned Officer Academy Letter of Commendation; Headquarters, I
Corps and Fort Lewis Orders # 052-001 with Manifest; Headquarters, I Corps
and Fort Lewis Orders # 104-0021; Headquarters, I Corps and Fort Lewis
Orders # 263-002; Message 181950ZSep2001 Operation Noble Eagle with
Manifest; Request and Authority for Leave (DA Form 31); Service School
Academic Evaluation Report (DA Form 1059); Memorandum Exception to
Stability of Coalition Forces Land Component Command (CFLCC) Memorandum;
and Personnel Redeployment Actions Validation Checklist.
CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he initially enlisted in the Army National
Guard (ARNG) on 25 July 1997.  He completed his initial active duty for
training and was awarded military occupational specialty (MOS) 95B
(Military Police).

2.  During his ARNG service, the applicant served in Panama from 15 through

29 August 1998, and was awarded the Army Reserve Component Overseas
Training Ribbon based on this overseas service.

3.  On 4 August 1999, the applicant enlisted in the Regular Army (RA) and
entered active duty.  The Personnel Qualification Record prepared at this
time shows, in Item 5 (Overseas Service), that he served in Korea for 12
months from 4 August 1999 through 3 August 2000.  The record also shows he
qualified as an Expert with the Pistol and Hand Grenade, and as a Marksman
with the Rifle.

4.  A Service School Academic Evaluation Report (DA Form 1059) on file
confirms the applicant attended and successfully completed a 4 week Primary
Leadership Development Course on 14 March 2001.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains Bravo
Detachment, 22nd Personnel Services Battalion Permanent Orders # 095-418,
dated 5 April 2002, which awarded the applicant the first award of the
AGCM, for his qualifying honorable active duty service from 2 April 1999
through 1 April 2002.  It also contains an ARCOM Certificate that confirms
he was awarded the ARCOM for meritorious service during the period 21
September 2001 through
30 June 2003.

6.  A Certificate of Achievement on file in his MPRJ shows the applicant
was commended for his outstanding performance in attaining a score of 300
on the APFT.

7.  On 3 August 2003, the applicant was honorably separated, in the rank of
sergeant, after completing 4 years of active military service during the
period.  The DD Form 214 he was issued shows he earned the following awards
during his active duty tenure:  National Defense Service Medal (NDSM);
Noncommissioned Officer Professional Development Ribbon (NCOPDR); and Army
Service Ribbon (ASR).
8.  The applicant provides Headquarters, I Corps and Fort Lewis Orders
# 263-002, dated 20 September 2001, which directed his deployment to Fort
Belvoir, Virginia in support of Operation Noble Eagle.  A roster of
individuals deployed with the unit, which includes the applicant, was
included with these orders.

9.  The applicant also provides Headquarters, I Corps and Fort Lewis Orders
# 052-001, dated 21 February 2003, which directed the deployment of his
unit to Kuwait in support of Operation Enduring Freedom on 3 March 2003.
He also provides a memorandum from the Commander, CFLCC, which shows he
arrived in Kuwait on or about 1 April 2003, and was returned to his home
station on or about 9 June 2003.

10.  The applicant also provides a copy of 728th Military Police Battalion
Permanent Orders # 355-02, dated 20 December 2000, which awarded him the
Driver and Mechanic Badge with W (Driver) Bar, for the period 25 August
1999 through 23 August 2000.

11.  The applicant further provides a copy of an Eighth Army Wightman NCO
Academy Letter of Commendation, dated 14 March 2001, which placed him on
the Commandants List based on his academic achievement, desire to excel,
and demonstrated ability in a garrison and field environment.

12.  Executive Order Number 13289, dated 12 March 2003, established two new
medals for service in the Global War on Terrorism (GWOT).  They are the
Global War on Terrorism Expeditionary Medal (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.

13.  The GWOTEM is authorized to be awarded to Soldiers who deploy abroad
for service in GWOT operations on or after 11 September 2001.  Initial
award is limited to Soldiers deployed abroad in operations Enduring Freedom
and Iraqi Freedom in a designated area of expedition (AOE).  The 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 a designated AOE.  Only
Soldiers serving in an operationally deployed status in a designated AOE
are eligible for the GWOTEM.  Kuwait was considered an AOE for the GWOTEM.

14.  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.  Initial award of the GWOTSM
will be limited to airport security operations from 27 September 2001
through 31 May 2002, who supported Operations Noble Eagle, Enduring
Freedom, and Iraqi Freedom.  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.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-4 contains
guidance on award of the Overseas Service Ribbon.  It states, in pertinent
part, that it is authorized for Soldiers’ who are credited with a normal
overseas tour completion.

16.  Paragraph 8-48 of the awards regulation contains guidance on award of
the Physical Fitness Badge.  It states, in pertinent part, that it is
authorized for obtaining a minimum score of 290 on the APFT and meeting the
Army’s weight control requirements.

17.  The Secretary of Defense approved the implementing instructions and
criteria for the Korea Defense Service Medal (KDSM) on 3 February 2004.
The KDSM 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.

18.  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.  The regulation states that the DD Form 214 is a summary of a
soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active duty service at the time of release from
active duty, retirement, or discharge.
It further states, in pertinent part, that a DD Form 214 is issued to
Reserve Component (RC) Soldiers who complete 90 days or more of continuous
active duty for training (ADT), Full-Time National Guard Duty (FTNGD),
active duty for special work (ADSW), temporary tours of active duty (TTAD),
or Active Guard Reserve (AGR) service.  There are no provisions for
providing, or correcting a previously issued DD Form 214, to document
inactive service performed in a RC.


19.  Chapter 2 of the separation documents regulation contains guidance on
the preparation of the DD Form 214.  It states, in pertinent part, to enter
the total amount of Foreign Service completed during the period covered by
the DD Form 214 in Item 12f.  The instructions for Item 13 state, in
pertinent part, that all decorations, medals, badges, citations, and
campaign ribbons awarded or authorized will be entered in the order of
merit they are listed in the Army’s awards regulation.

20.  The instructions contained in the separation documents regulation for
completion of Item 14 state of the DD Form 214 state, in pertinent part,
that only formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form
214 will be entered.  The course entries will include title, length in
weeks, and year completed.  This information is to assist the Soldier in
job placement and counseling; therefore, combat skills courses will not be
entered.

21.  The instructions contained in the separation documents regulation for
completion of Item 18 of the DD Form 214 state, in pertinent part, that for
an active duty Soldier deployed with his or her unit during their
continuous period of active service, the following entry will be made:
"SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example,
YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Item 13 (Decorations and Citations) of
his
DD Form 214 should be corrected to include the AGCM, ARCOM, Driver and
Mechanic Badge, and Overseas Service Ribbon was carefully considered and
found to have merit.

2.  The evidence of record confirms the applicant was awarded the ARCOM,
AGCM, and Driver and Mechanic Badge with W Bar by the proper authority, and
that these awards were announced in orders.  It further shows the applicant
is entitled to the Overseas Service Ribbon for completing an overseas tour
in Korea.  Therefore, it would be appropriate to add these awards to Item
13 of his DD Form 214 at this time.

3.  Although the record confirms the applicant received the Physical
Fitness Badge based on his attaining a score of 300 on the APFT, this badge
is authorized for wear on the uniform and is not an order of merit
decoration that would warrant its addition to the DD Form 214.
4.  The evidence of record also confirms the applicant qualified as an
Expert with the Pistol and Hand Grenade and as a Marksman with the Rifle.
Therefore, he is entitled to the Expert Qualification Badge with Pistol and
Hand Grenade Bars and the Marksman Qualification Badge with Rifle Bar.
Thus, it would also be appropriate to add these awards to his separation
document at this time.

5.  The governing regulation provides no provisions for entering local
courses on the DD Form 214.  As a result, it would not be appropriate to
add the Civil Disturbance Course, Domestic Violence Intervention Training,
USFK Customs Course, Unit Armorer Course, and  BOSS Training completed by
the applicant to Item 14 of the DD Form 214.

6.  The evidence of record confirms the applicant served on active duty
outside of an AOE for 30 consecutive days and that he served in an
authorized AOE for more than 30 consecutive days in support of the GWOT
after 11 September 2001.  Therefore, he is entitled to both the GWOTSM and
GWOTEM.  In addition, based on his service in Korea, the applicant is
entitled to the KDSM.

7.  The record also confirms that during the period covered by the DD Form
214, the applicant served overseas in Korea for 12 months from 4 August
1999 through 3 August 2000, and in Kuwait for 2 months and 10 days from 1
April through 9 June 2003.  As a result, it would be appropriate to amend
his 3 August 2003 DD Form 214 by deleting the entry in Item 12f and
replacing it with the entry “01  02  10”.  Further, the following entry
should be added to Item 18 “SERVICE IN KUWAIT FROM 20030401-20030609”.

8.  The applicant's contention that his DD Form 214 did not reflect his
foreign service in Panama, from 15 through 29 August 1998, in Item 18 was
also carefully considered.  However, the evidence of record shows the
applicant was not in an active duty status during this time, and he was in
fact attending active duty for training (ADT).  By regulation a DD Form 214
is only issued to Soldiers who complete 90 days or more of continuous ADT.


9.  Finally, the applicant’s request that Item 18 of his DD Form 214
reflect his service in support of Operation Noble Eagle was also carefully
considered.  However, the record shows this service was performed at Fort
Belvoir, Virginia.  There is no evidence indicating the applicant was
deployed to a foreign country in support of this operation.  Therefore, an
entry in Item 18 of his separation document would not be appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___TSK__  __RLD__  ___JBM_  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 partial relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by amending his 4 August 1999 DD Form 214 as follows:

      a.  Item 12f - delete the current entry of “0000 00 00” and replace it
with the entry “0001  02  10”;


      b.  Item 13 - add the Army Good Conduct Medal, Army Commendation
Medal, Korea Defense Service Medal, Driver and Mechanic Badge with W Bar,
Overseas Service Ribbon, Expert Qualification Badge with Pistol and Hand
Grenade Bars, and Marksman Qualification Badge with Rifle Bar;


      c.  Item 14 – delete the entry “Primary Leadership Course, 4 weeks”
and replace it with the entry “Primary Leadership Course, 4 Weeks, 2001;
and


      d.  Item 18 – adding the entry "SERVICE IN KUWAIT FROM 20030401-
20030609”.

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 following entries to his DD Form 214:  to Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), a
Letter of Commendation and the Physical Fitness Badge; to Item 14 (Military
Education), the Civil Disturbance


Course, Domestic Violence Intervention Training, USFK Customs Course, Unit
Armorer Course, and BOSS Training; and to Item 18 (Remarks), entries based
on service in Panama and in support of Operation Noble Eagle.




                                  _____Ted S. Kanamine______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006498                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-12-22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/08/03                              |
|DISCHARGE AUTHORITY     |AR 635-200. . . . .                     |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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