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ARMY | BCMR | CY2005 | 20050014557C070206
Original file (20050014557C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050014557


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 records to show
all awards, badges, and ribbons that he is entitled.

2.  The applicant states, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) is inaccurate due to administrative
errors and slow MILPER Messages.  He further states that his marksmanship
badges are not listed on his separation document.

3.  The applicant provides a copy of a memorandum from Headquarters, 173d
Airborne Brigade, dated 3 November 2003; a DA Form 638 (Recommendation for
Award), dated 17 May 2003; a memorandum from the Office of the Deputy Chief
of Staff G-1, dated 14 May 2003; and DD Form 214, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 13 June 2002 for a period of
three years.  After completion of basic and advanced individual training,
he was awarded military occupational specialty 11B (Infantryman).  He was
assigned to B Company, 2nd Battalion of the 2nd Infantry Division which was
attached to Task Force 1st Battalion, 63rd Armor while serving in Iraq
during the period
24 March 2003 through 18 November 2003 in support of Operation Iraqi
Freedom.  The applicant was honorably discharged on 1 March 2004.

2.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows the following
awards:  the National Defense Service Medal and the Army Service Ribbon.

3.  The applicant submitted a copy of DA Form 638, dated 17 May 2003, which
shows his Team Leader recommended him for award of the Army Achievement
Medal during the period 29 March 2003 through 1 July 2003.  This form shows
that the award was approved on 4 June 2003 and Permanent Orders Number 159-
72 were published and distributed on 8 June 2003.






4.  The applicant's records contain an Army Achievement Medal Certificate.
This certificate shows the applicant was awarded the Army Achievement Medal
for the period 24 March 2003 through 1 July 2003.  This certificate shows
the following citation:

      "For meritorious achievement in support of Task Force 1-63 Armor
during Operation Iraqi Freedom.  His actions greatly influenced the task
force's success in the Northern Front during the first ever, air deployment
of an M1A1 Tank and M2 Bradley fighting vehicle equipped Task Force into
combat in the history of human warfare.  His performance is in keeping with
the tradition of selfless sacrifice and brings great credit upon him, the
1st Battalion, 63rd Armor Regiment, the 1st Infantry Division, and the
United States Army."

5.  The applicant submitted a Headquarters, 173d Airborne Brigade
memorandum, dated 3 November 2003, which shows he was deployed to Iraq in
support of Operation Iraqi Freedom during the period 27 March 2003 through
3 November 2003.  This memorandum further shows that he was authorized to
wear his unit's Shoulder Sleeve Insignia – Former Wartime Service patch and
any additional awards and/or ribbons issued for this campaign in accordance
with future MILPER messages.

6.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements
for wear of the shoulder sleeve insignia for former wartime service,
commonly referred to as a "combat patch".  In pertinent part, the
regulation authorizes optional wear of the U.S. Army shoulder sleeve
insignia of any former wartime unit in which a Soldier served during a
period of eligibility.  Periods of eligibility are announced by Department
of the Army and only shoulder sleeve insignia approved for wear by
Headquarters Department of the Army are authorized to be worn on the right
sleeve of the Army Green and field uniforms to signify wartime service.
There are no provisions for entering the shoulder sleeve insignia for
former wartime service on the DD Form 214.

7.  The applicant's DD Form 214 does not show award of the Global War on
Terrorism Expeditionary Medal.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for soldiers who deploy abroad for service in
the Global War on Terrorism Operations on or after 11 September 2001 to a
date to be determined.  To be eligible for this award a Soldier must be
mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a)  be engaged in actual ground combat against the enemy and
under circumstances involving grave danger of death or serious bodily
injury from enemy action, regardless, of the time in the area of
eligibility; b) while participating in the designated operation, regardless
of time, is killed or wounded/injured requiring medical evacuation from the
area of eligibility, or c) participate as a regularly assigned air crew
member flying sorties for 30 consecutive days or 60 nonconsecutive days
into, out of, within, or over the area of eligibility in direct support of
Operations Enduring Freedom and/or Iraqi Freedom.  The message also states
that under no condition will any Soldier in the United States receive this
award.

9.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1
(Personnel Qualification Record) contain the entries Rifle M16
Qualification Badge and Hand Grenade Qualification Badge.  However, neither
entry contains a date which shows when he qualified for the badges.

10.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests all awards, badges, and ribbons he is entitled
which are not shown on his DD Form 214.

2.  Permanent Orders awarded the applicant the Army Achievement Medal which
is not shown on his DD Form 214.  Therefore, he is entitled to correction
of his separation document to show this award.

3.  Evidence confirms the applicant served in Iraq in support of Operation
Iraqi Freedom during the period 24 March 2003 through 18 November 2003
which meets the criteria for award of the Global War on Terrorism
Expeditionary Medal. Therefore, he is entitled to award of the Global War
on Terrorism Expeditionary Medal and correction of his records to show this
award.

4.  Evidence shows the applicant is authorized to wear the Shoulder Sleeve
Insignia – Former Wartime Service for his service in Iraq.  However, there
are no provisions for entering the shoulder sleeve insignia for former
wartime service on the DD Form 214.
5.  The applicant requests correction of his separation document to show
marksmanship badges.

6.  Notwithstanding the applicant's DA Form 2-1, there is no evidence and
the applicant did not provide any supporting evidence which shows when he
qualified for any of the marksmanship badges.  Therefore, there is no basis
to correct his records to show any marksmanship badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_LMD____  _ALR____  _PMT__  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 showing award of the Army Achievement Medal, and
the Global War on Terrorism Expeditionary 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
correction of his separation document to show the shoulder sleeve
insignia–former wartime service for his service in Iraq and any of the
marksmanship qualification badges.




                                     __Allen L. Raub_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050014557                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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