RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 January 2006
      DOCKET NUMBER:  AR20050008138


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 30 June 2004 separation
document (DD Form 214) be corrected to reflect his deployment to Iraq in
support of Operation Iraqi Freedom; and to include the Army Good Conduct
Medal (AGCM), Combat Infantryman Badge (CIB), Overseas Service Bars, and
Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states, in effect, that he was deployed to Iraq in
Support of Iraqi Freedom and this deployment is not annotated on his DD
Form 214.  He also states that he has orders and a letter from his unit
commander confirming his deployment to Iraq.  He further states that he was
awarded the AGCM, CIB, GWOTEM, and 2 Overseas Service Bars, but these
awards are not included in the list of awards contained on his DD Form 214.


3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214); Headquarters, 4th Infantry
Division General Orders (GO) Number (#) 029-012, dated 29 January 2003;
Headquarters, 4th Infantry Division, GO # 087-03, dated 27 March 2003; AGCM
Certificate; Headquarters, 2nd Battalion, 8th Infantry Regiment, Permanent
Orders (PO) # 39-01, dated 8 February 2005; Alpha Company, 2nd Battalion,
8th Infantry Regiment Certification of Deployment Memorandum; and
Headquarters, 4th Infantry Division, PO # 196-02, dated 15 July 2003 with
roster.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 7 June 2000.  He was trained in, awarded, and served
in military occupational specialty (MOS) 11B (Infantryman).

2.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy
of Headquarters, 4th Infantry Division (Mechanized) Orders # 029-012, dated

29 January 2003.  These orders directed the applicant’s deployment to
Tikrit, Iraq, in support of Operation Enduring Freedom, on or about 5 April
2003.

3.  The applicant’s MPRJ also contains a copy of Headquarters, 4th Infantry
Division, PO # 196-02, dated 15 July 2003.  These orders awarded him the
CIB for his participation in combat operations under enemy hostile fire to
liberate Iraq in support of Operation Iraqi Freedom from 24 April to 15
June 2003.

4.  The applicant’s MPRJ also contains a copy of Headquarters 2nd
Battalion, 8th infantry Regiment (M), PO # 39-01, dated 8 February 2005.
These orders awarded him the AGCM for exemplary behavior, efficiency and
fidelity for the period 7 July 2000 through 6 July 2003.

5.  On 8 February 2005, the applicant's unit commander issued a Certificate
of Deployment Memorandum.  This document confirmed the applicant had been
deployed in support of Operation Iraqi Freedom from 10 April 2003 through
27 March 2004.

6.  On 30 June 2004, the applicant was honorably released from active duty
(REFRAD), by reason of expiration of term of service (ETS).  The DD Form
214 he was issued on that date shows that he completed a total of 4 years
and 24 days of active military service.  The entry in Item 12f (Foreign
Service) shows he completed no overseas service, and Item 18 (Remarks) is
void of any entry pertaining to his deployed service.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy. Chapter 8 of the awards regulation contains guidance on award of
combat badges.  It states, in pertinent part, that the CIB is awarded to
infantry officers and to enlisted and warrant officer personnel who have an
infantry MOS. They must have served in active ground combat while assigned
or attached to an infantry unit of brigade, regimental or smaller size.

8.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals
who distinguish themselves by their conduct, efficiency and fidelity during
a qualifying period of active duty enlisted service.  The normal qualifying
period is
3 years.  Although there is no automatic entitlement to the AGCM,
disqualification must be justified.

9.  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.

10.  The GWOTEM specifies 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).  Only Soldiers serving in an
operationally deployed status in a designated AOE are eligible for the
GWOTEM.  Iraq was a designated AOE during the period of the applicant’s
service.

11.  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 guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information to the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the Official Military Personnel File (OMPF).

12.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) 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.  It also instructs that the
awards will be entered in the order of merit they are listed in the Army’s
Awards regulation.

13.  The instructions contained in the separation documents regulation for
completion of Item 18 (Remarks) 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)."

14.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) prescribes the authorization for wear, composition, and
classification of uniforms, and the occasions for wearing all personal
(clothing bag issue), optional, and commonly worn organizational Army
uniforms. It also prescribes the awards, insignia, and accouterments
authorized for wear on the uniform, and how these items are worn. General
information is also provided on the authorized material, design, and
uniform quality control system.

16.  Paragraph 28-28 of the uniform regulation contains guidance on
Overseas Service Bars.  It states, in pertinent part, that 1 overseas
service bar is authorized for wear on the Army Green Uniform Coat for each
6-month period of Federal service as a member of a U.S. Service
participating in Operation Enduring Freedom from 19 September 2001 and
Operation Iraqi Freedom from 19 March 2003 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be
corrected because it does not show his service in Iraq or the awards he is
authorized for his deployment.

2.  The evidence of record confirms the applicant served in Iraq, an
authorized AOE, in support of Operations Iraqi Freedom, from 10 April 2003
through
27 March 2004.  Therefore, he is entitled to the GWOTEM.  It also shows he
was awarded the CIB for participating in combat operations in Iraq and he
received the AGCM for his qualifying active duty service from 7 July 2000
through 6 July 2003.  Therefore it would be appropriate to add these awards
to his separation document at this time.

5.  The record further shows that during the period covered by the DD Form
214, the applicant served overseas in Iraq from 10 April 2003 through 27
March 2004. Therefore, it would be appropriate to add the following entries
to his DD Form 214:  “00  11  18” in Item 12f (Foreign Service) and
“SERVICE IN IRAQ FROM 20030410-20040427” in Item 18 (Remarks)

6.  The applicant’s request to have 2 Overseas Service Bars added to his DD
Form 214 was also carefully considered.  However, while the applicant was
authorized 2 Overseas Service Bars based on his combat service in Iraq,
these service bars are accouterments to the uniform that are authorized to
be worn on the Army Green Uniform Coat to denote combat service in a
designated area and are governed by the Army Uniform regulation.  They are
not individual or unit awards governed by the Army Awards regulation, which
are the only awards authorized to be entered on the DD Form 214.
Therefore, while the applicant was authorized 2 Overseas Service Bars for
wear on the uniform, it would not be appropriate to add these service bars
to his DD Form 214 at this time.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SLP _  __CAD__  __KSJ___  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 30 June 2004 DD Form 214 as follows:

      a.  Item 12f – delete current entry and add entry “00 11 18”;


      b.  Item 13 - add the Global War on Terrorism Expeditionary Medal,
Combat Infantryman Badge, and Army Good Conduct Medal;


      c.  Item 18 - add the entry "SERVICE IN IRAQ FROM 200300410-20040327;
and


      d.  providing him a correction to his separation document 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 2 Overseas Service Bars to his DD Form 214.




                                  _____Shirley L. Powell____
                                            CHAIRPERSON


       INDEX

|CASE ID                 |AR20050008138                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/06/30                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          | GRANT                                  |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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