RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050010530


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 late son's records be
corrected to show the awards he received for his service in Iraq.

2.  The applicant states, in effect, that he would like official paperwork
from the U.S. Army showing the awards and decorations that his son received
for his service in Iraq to ensure that they are documented in his son's
service record.

3.  The applicant provides a copy of the former service member's (FSM)
DD Form 214 (Certificate of Release or Discharge from Active Duty), with an
effective date of 25 August 1992, and DD Form 1300 (Report of Casualty),
dated 24 June 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 June 2005, the date the FSM was killed in action in Iraq.  The
application submitted in this case is dated 12 July 2005.

2.  The FSM's military service records show that he was commissioned a
second lieutenant in the Regular Army on 20 August 1982.  He was trained
and served in military specialty 11A (Infantry Officer) and was honorably
discharged from active duty under the Fiscal Year 1992 Officer Voluntary
Early Transition Program on
25 August 1992.  The FSM continued to serve in the U.S. Army Reserve, was
promoted to the rank of lieutenant colonel, and deployed in support of
Operation Iraqi Freedom.  The FSM was killed in action by hostile forces at
Tal Afar, Iraq, on 7 June 2005.

3.  The FSM's DD Form 214, with an effective date of 25 August 1992, shows
in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) that he was awarded the Army Commendation Medal (1st
Oak Leaf Cluster), Army Achievement Medal (1st Oak Leaf Cluster), National
Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon with
Numeral 2, Expert Infantryman Badge, Parachutist Badge, Air Assault Badge,
Expert Marksmanship Qualification Badge with Grenade and Machinegun Bars,
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Army
Lapel Button.

4.  A review of the FSM's Official Military Personnel File failed to show
any documentation related to awards the FSM was authorized for his service
in Iraq.

5.  In the processing of this case, coordination was made with the Casualty
and Memorial Affairs Operations Center, U.S. Army Human Resources Command,
Alexandria, Virginia, in an effort to obtain information regarding awards
the FSM received for his service in Iraq and in support of the Global War
on Terrorism.  An official at that office confirmed that the FSM was
posthumously awarded the Bronze Star Medal, Purple Heart, and Meritorious
Service Medal, and that the FSM had been awarded the Combat Infantryman
Badge on 23 February 2005.  The official also confirmed the FSM's
previously authorized awards, which included the Army Commendation Medal
(four awards), Army Achievement Medal (two awards), National Defense
Service Medal with 1 bronze service star, Iraq Campaign Medal, Global War
on Terrorism Service Medal, Armed Forces Reserve Medal with Mobilization
("M") Device and Silver Hourglass Device, Army Service Ribbon, Overseas
Service Ribbon with Numeral 2, Expert Infantryman Badge, Parachutist Badge,
Air Assault Badge, and the Army Lapel Button.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded in time of war for heroism and for
meritorious achievement or service.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
as a result of hostile action.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the
Meritorious Service Medal is awarded to members of the Armed Forces of the
United States or of a friendly foreign nation who distinguish themselves by
outstanding meritorious achievement or service in a noncombat area.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge may be awarded to infantry and special forces
commissioned officers (in the grade of colonel or below), warrant officers,
and enlisted Soldiers with an infantry or special forces MOS.  They must
have served in active ground combat while assigned or attached to an
infantry or special forces unit of brigade, regimental or smaller size.
The Military Awards Branch of the U.S. Army Human Resources Command
announced that, effective 5 December 2001, Operation Enduring Freedom began
the fourth conflict qualifying for award of the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 as amended provides that the National Defense
Service Medal is awarded for honorable active service for any period
between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974,
2 August 1990 through 30 November 1995, and 11 September 2001 to a date to
be determined.  This regulation also provides that the second and
subsequent awards of the National Defense Service Medal are denoted by a
bronze service star affixed to the National Defense Service Medal.

11.  Headquarters, U.S. Army Human Resources Command, Military Awards
Branch message, dated 8 April 2005, provided the following implementing
instructions for award of the Iraq Campaign Medal.  Award of the Iraq
Campaign Medal is authorized for service in direct support of Operation
Iraqi Freedom on or after 19 March 2003 to a future date to be determined
by the Secretary of Defense or the cessation of the operation.  The area of
eligibility encompasses all land area of the country of Iraq and the
contiguous sea area out to 12 nautical miles and the air space above these
areas.  To qualify for award of this campaign medal, service members must
have been assigned or attached to or mobilized with units operating in
these areas of eligibility for 30 consecutive days or for
60 non-consecutive days or meet one of the following criteria:  a) be
engaged in combat during an armed engagement, regardless of the time in the
area of eligibility; b) be medically evacuated from the area of eligibility
for wounds or injuries resulting from participation in an operation or
official duties; or
c) participates as a regularly assigned air crewmember flying sorties into,
out of, within or over the area of eligibility in direct support of the
military operations (each day of operations counts as one day of
eligibility).  This campaign medal may be awarded posthumously.

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

13.  Army Regulation 600-8-22, as amended by Military Personnel Message
Number 96-196, provides for award of the Armed Forces Reserve Medal. It is
awarded for honorable and satisfactory service as a member of one or more
of the Reserve Components of the Armed Forces of the United States for a
period of 10 years.  The conditions for award of the Armed Forces Reserve
Medal require that a minimum of 50 retirement points be earned for each of
the 10 qualifying years and that the qualifying service be completed within
12 consecutive years.  Service in a regular component of the Armed Forces,
tenure in elected state office, tenure as a member of a legislative body of
the United States or a state, and service as a judge of a court of record
of the United States, a state or territory or District of Columbia is
excluded from credit toward this award but does not constitute a break in
service.  The Ten-year Device (Hourglass with Roman Numeral “X”) is
authorized for wear on the Armed Forces Reserve Medal to denote each
succeeding 10-year period of Reserve Component service.  The first 10 years
is denoted by a bronze hourglass, the second 10-year period of Reserve
Component service is denoted by a silver hourglass and the third by a gold
hourglass.  Forty years of Reserve Component service is recognized by a
gold hourglass followed by a bronze hourglass on the Armed Forces Reserve
Medal.  The “M” Device will be worn on the Armed Forces Reserve Medal to
denote service by Reserve Component personnel who volunteered or were
called to active duty during a mobilization or a contingency designated by
the Secretary of Defense.

14.  Army Regulation 600-8-22 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Achievement Medal is awarded to any member of the armed forces of the
United States, who while serving in a noncombat area on or after 1 August
1981, distinguished themselves by meritorious service or achievement.

16.  Army Regulation 600-8-22 also states, in pertinent part, that the oak
leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Army Commendation Medal and Army
Achievement Medal.

17.  There is no evidence the applicant was awarded the Overseas Service
Ribbon for his overseas service in Iraq.

18.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.  On
25 October 2005, a change to the requirements for award of the Overseas
Service Ribbon eliminated the policy that restricted award of the Overseas
Service Ribbon when another U.S. campaign/service medal is awarded.  This
change was made retroactive.

19.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty, or control of the Active Army.  It states that
the DD Form 214 is a summary of a Soldier's most recent period of
continuous active duty and provides a brief, clear-cut record of active
duty service at the time of release from active duty, retirement, or
discharge.  The DD Form 214 is not intended to have any legal effect on
termination of a Soldier's service.  However, this Army regulation also
states, in pertinent part, that a DD Form 214 will not be prepared for a
Soldier whose active duty tour ends because of death.

20.  Army Regulation 600-8-1 (Army Casualty
Operations/Assistance/Insurance) prescribes policy that covers casualty
reporting, notification, assistance and documentation.  It states, in
pertinent part, that the DD Form 1300 (Report of Casualty) is the official
certificate of death issued by the Commander, U.S. Army Human Resources
Command, which may be used for any matter where proof of death is required.
 However, this document does not show the FSM's authorized awards and
decorations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the U.S. Army should issue official
documentation that shows the awards and decorations his son is entitled to
for his service in Iraq and provides a copy of his son's previous discharge
document and report of casualty in support of his request.

2.  The evidence of records shows that the FSM was previously awarded the
Army Commendation Medal (four awards), Army Achievement Medal (two awards),
Nation Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon
with Numeral 2, Expert Infantryman Badge, Parachutist Badge, Air Assault
Badge, Expert Marksmanship Qualification Badge with Grenade and Machinegun
Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the
Army Lapel Button.
3.  The evidence of records shows that the FSM was awarded the National
Defense Service Medal with 1 bronze service star (i.e., second award) and
the Global War on Terrorism Service Medal for his service in support of the
Global War on Terrorism.  Therefore, the FSM's records should be corrected
to show these awards.

4.  The evidence of records shows that the FSM was awarded the Combat
Infantryman Badge, Iraq Campaign Medal, and the Armed Forces Reserve Medal
with "M" Device (and Silver Hourglass Device) for his service in Iraq.  The
evidence of records also shows that the FSM was posthumously awarded the
Bronze Star Medal, Purple Heart, and the Meritorious Service Medal for his
service in Iraq.  Therefore, the FSM's records should be corrected to show
these awards.

5.  The evidence of record shows that the applicant qualified and met the
criteria for award of the Overseas Service Ribbon for his overseas service
in Iraq.  Therefore, it would be appropriate to correct his records to show
an additional award of the Overseas Service Ribbon (i.e., with Numeral
"3").

6.  Army Regulation 635-5 does not authorize the correction of a previously
issued DD Form 214 based upon information that does not pertain or was not
authorized during the period of continuous active service covered by the
DD Form 214.  Therefore, the awards and decorations authorized for the
FSM's service in Iraq and in support of the Global War on Terrorism can not
be added to the FSM's DD Form 214, with an effective date of 25 August
1992.  However, the Board may direct that an appropriate directive (i.e.,
official correspondence) be issued documenting the authorized awards and
decorations that the FSM was awarded for his service in Iraq and in support
of the Global War on Terrorism.

BOARD VOTE:

__KLW__  __DED __  __QAS __  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
issuing an appropriate document or directive showing the former service
member's authorized awards, as follows:  Bronze Star Medal, Purple Heart,
Meritorious Service Medal, Army Commendation Medal (3rd Oak Leaf Cluster),
Army Achievement Medal (1st Oak Leaf Cluster), Nation Defense Service Medal
with 1 bronze service star, Iraq Campaign Medal, Global War On Terrorism
Service Medal, Armed Forces Reserve Medal with "M" Device and Silver
Hourglass Device, Army Service Ribbon, Overseas Service Ribbon with Numeral
"3", Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge,
Air Assault Badge, Expert Marksmanship Qualification Badge with Grenade and
Machinegun Bars, Sharpshooter Marksmanship Qualification Badge with Rifle
Bar, and the Army Lapel Button.




                                  ___KENNETH L. WRIGHT___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010530                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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