RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 JULY 2006
      DOCKET NUMBER:  AR20050014819


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Robert Osborn                 |     |Chairperson          |
|     |Mr. John Moeller                  |     |Member               |
|     |Ms. Naomi Henderson               |     |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 his middle initial be changed on his Army
Commendation Medal (ARCOM) from “A” to “E.”  He also requests that his
 DD Form 214 (Certificate of Release or Discharge from Active Duty) be
corrected to show he has two ARCOMs, Army Good Conduct Medal, Operation
Iraqi Freedom Campaign Medal, Overseas Service Ribbon, and one year in the
Army National Guard.  The Board notes that the Army Good Conduct Medal is
listed on the applicant’s DD Form 214; therefore, his request will not be
addressed.

2.  The applicant states, in effect, that he received the ARCOM on
           18 December 2003 and the clerk typing his ARCOM was not paying
attention and made a mistake on his middle initial.  He said his DD Form
214 should show two awards of the ARCOM.  He also states that he qualifies
for the Iraqi Freedom Campaign Medal.  The applicant admitted that he was
told about a medal showing overseas service that he feels he is entitled
to.  In addition, he requests a badge for being a 19K10 (M1A1 Armor
Crewmember).

3.  The applicant provides a copy of his ARCOM Certificate, his DD Form
214, and the Army National Guard Retirement Points History Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on
            1 February 2001.  After completion of basic and advanced
individual training he was awarded military occupational specialty (MOS)
19K.  He served in Operation Desert Spring in support of Iraqi Freedom from
1 September 2002 to                  26 August 2003.  The applicant was
honorably released from active duty on
31 January 2004.

2.  Item 13 “Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized’ on the applicant’s DD Form 214 shows he was awarded
the ARCOM (with combat Valor Device “V”), Army Achievement Medal (2nd
Award), Presidential Unit Citation, Army Good Conduct Medal, National
Defense Service Medal, Armed Forces Expeditionary Medal, Army Service
Ribbon, and the Army Lapel Button.

3.  The ARCOM Certificate verifies that the applicant was awarded this
award for meritorious service from 3 June 2001 to 7 January 2004.  The
ARCOM is dated 18 December 2003 and the Permanent Order Number is listed as
352-05.


4.  The Army National Guard Retirement Points History Statement shows a
summary of the applicant’s points earned towards his retirement.  This
statement lists his beginning date in the National Guard as 17 May 2004
with no ending date listed.

5.  The applicant’s middle initial as verified by his enlistment contract,
social security card, and all documents in his Official Military Personnel
File is “E.”

6.  The applicant’s records do not list any prior service or affiliation
with the Army National Guard.  His DD Form 214 shows that he was
transferred to the United States Army Reserve Control Group with a Reserve
obligation term date of        15 January 2009.

7.  The applicant’s Enlisted Record Brief, Section I, Assignment
Information does not list any overseas tours.  Additionally, his DA Form 2-
1 (Personnel Qualification Record) does not credit him with a completed
overseas tour.

8.  Human Resources Command Message (Date Time Group 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.

9.  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].

10.  Army Regulation AR 635-5 (Separation Documents) states, in pertinent
part, 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.

11.  Army Regulation 600-8-22 (Military Awards) provides guidelines for the
award of the Overseas Service Ribbon (OSR).  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 who
are credited with a normal overseas tour completion are eligible for this
award.

12.  Additionally, Army Regulation 614-30 (Overseas Service) in pertinent
part, states that Soldiers who serve a minimum of 11 cumulative months or
9 continuous months in Iraq in a TCS/TDY status receive credit for a
completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment contract, social security card, and all the
documents in his Official Military Personnel File verify that his middle
initial is “E.” Therefore, the applicant’s ARCOM should be corrected to
show his middle initial is “E” instead of “A.”

2.  The applicant’s DD Form 214 shows that he was awarded the ARCOM with
“V” device.  The ARCOM for the period 3 June 2001 to 7 January 2004 does
not list the “V” device.  Additionally, the award is dated 18 December 2003
and the applicant separated from the Army the following month.  It appears
that the award was not processed and placed in the applicant’s records in
sufficient time to be included on his separation document.  Therefore, in
the interest of justice, it would be appropriate to correct the applicant’s
records to show the 2nd award of the ARCOM.

3.  The applicant met the eligibility requirements for the award of the
Global War on Terrorism Service Medal and the Iraq Campaign Medal.  He is
entitled to these awards.

4.  Evidence of record shows that the applicant served in Operation Desert
Spring in support of Iraqi Freedom for more than 11 months.  Therefore, he
should receive tour completion credit and be entitled to the Overseas
Service Ribbon.

5.  The Army National Guard Retirement Points History Statement shows that
the applicant started accumulating points towards retirement on 17 May
2004, which was after he separated from the Regular Army and was issued his
DD Form 214. As cited in the above regulatory guidelines, any service
occurring after the date of discharge is not authorized to be listed on the
applicant’s DD Form 214.

6.  There is no listing, on the Military Awards Branch web site, of a badge
that the applicant claims he is entitled to based upon holding the MOS of
19K.  In view of this fact, there is insufficient basis to approve his
request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RO __  __JM ___  ___NH __  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:

      a.  correcting his middle initial on his ARCOM dated 18 December 2003
to “E”;


      b.  showing that he was awarded two ARCOMs, one with “V” device;


      c.  showing he is entitled to the Global War on Terrorism Service
Medal;


      d.  showing he is entitled to the Iraq Campaign Medal; and


      e.  showing he is entitled to the Overseas Service Ribbon.
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
listing 1-year National Guard service and authorizing a badge for MOS 19K.




                                  ______Robert Osborn_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014819                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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