RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 AUGUST 2006
      DOCKET NUMBER:  AR20050016203


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine 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, award of two Army Commendation
Medals (ARCOM), Combat Infantry Badge (CIB), and all medals and awards
associated with deployment in support of Operation Desert Spring and
Operation Iraqi Freedom.  Additionally, he requests a campaign medal for
his deployment to Kosovo.

2.  The applicant admitted that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) is blank in reference to his deployments and
medals.  The applicant maintains that he served in Iraq in support of
Operation Iraqi Freedom from 20 January 2003 to 5 July 2003.  He said he
also needs credit for serving at Camp Monteith, Kosovo, from 15 May 2001 to
                     15 November 2001.

3.  The applicant provides his self-authored statement, DD Form 214, DA
Form 638 (Recommendation for Award), Preseparation Counseling Checklist
with orders, and Post-Deployment Health Assessment.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
Army Commendation Medal (1st Oak Leaf Cluster).  There are no orders or
other evidence authorizing award of this decoration.  In the absence of a
proper award authority for this decoration, the applicant may request award
of the Army Commendation Medal (1st Oak Leaf Cluster) under the provisions
of Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for this
decoration under Section 1130 and, as a result, it will not be discussed
further in the Record of Proceedings.

2.  The applicant’s records show he enlisted in the Regular Army on
            23 August 2000.  After completion of basic and advanced
individual training he was awarded military occupational specialty (MOS)
11B (Infantryman).  He served 3 years, 1 month and 9 days on active duty
and was honorably discharged on 1 October 2003.

3.  On 29 June 2003, the applicant completed a Post-Deployment Health
Assessment.  The deployment location is listed as Baghdad, Iraq, and the
Operation was listed as Iraqi Freedom.

4.  The applicant’s Preseparation Counseling Checklist shows his duty
station as Fort Stewart, Georgia.  The document lists the applicant’s
expected separation date as 1 October 2003.

5.  The DA Form 638 dated 6 August 2003, shows the applicant was approved
for the award of the ARCOM.  The period of award is listed as 20 January
2003 to 1 June 2003.  The proposed citation reads “For exceptionally
meritorious service while assigned to Bravo Company, 3rd Battalion, 7th
Infantry Regiment, during Operation Desert Spring and Iraqi Freedom.”  The
permanent orders number is listed as 223-52 dated 11 August 2003.

6.  There is no evidence or any orders awarding the applicant the Combat
Infantryman Badge.  There is also no evidence to show that while assigned
to Bravo Company, 3rd Battalion, 7th Infantry Regiment, during Operation
Desert Spring and Iraqi Freedom, the applicant participated in active
ground combat.

7.  There is no evidence that shows the applicant was deployed or assigned
to any unit in support of Kosovo.  There is also no proof of service in
support of specific operations that would qualify the applicant for the
award of the Kosovo Campaign Medal.

8.  Army Regulation 600-8-22 (Military Awards) 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.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

9.  The same regulation provides guidelines for the award of the Combat
Infantryman Badge.  The regulation states that there are basically three
requirements for award of the CIB.  The Soldier must be an infantryman
satisfactorily performing infantry duties, must be assigned to an infantry
unit during such time as the unit is engaged in active ground combat, and
must actively participate in such ground combat.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  An individual, who was not engaged in actual combat or equally
hazardous activity, must have participated in operations or in direct
support of operations for 30 consecutive or 60 nonconsecutive days.
Soldiers participating in Operation Desert Spring, from 31 December 1998 to
18 March 2003, were designated as eligible for this award.

11.  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].

12.  Award of the Kosovo Campaign Medal and the NATO Medal for Kosovo
service are based on proof of service in support of specific operations
beginning in March 1999 operations in the specified area of operations.  To
be eligible for award of the Kosovo Campaign Medal an individual must be in
an unit participating in operation for 30 consecutive days or 60
nonconsecutive and/or meet other established criteria or directly
supporting the following operations:  Operation Allied Force (24 March 1999
through 10 June 1999); Operation Joint Guardian (11 June 1999 through a
date to be determined); Operation Allied Harbour (4 April 1999 through
1 September 1999); Operation Sustain Hope/Shining Hope (4 April 1999
through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July
1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999);
Saber (31 March 1999 through 8 July 1999); Falcon (11 June 1999 through a
date to be determined), coinciding with Joint Guardian; or Hunter within
areas of operation for the Kosovo Air Campaign and/or the Kosovo Defense
Campaign.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no certificate in the applicant’s available records
awarding him the ARCOM, his DA Form 638 with permanent orders number 223-
52, dated 11 August 2003, verifies this award.  The fact that the DA Form
638 was dated August 2003, less than two months prior to his discharge from
the Army, could explain the absence of the award on his separation
document.  In absence of the certificate, the Board accepts the DA Form 638
as authentication of entitlement to the ARCOM.  Therefore, in the interest
of justice, it would be appropriate to correct the applicant’s records to
show award of the ARCOM.

2.  There is no evidence in the available records to show that the
applicant should be awarded the CIB.  There is no evidence that the
applicant served in an infantry unit of regimental size or smaller in
active ground combat, which is required by regulation for award of the CIB.
 In view of this fact, there is insufficient basis for award of the Combat
Infantryman Badge.

3.  The applicant’s DA Form 638 awarding him the ARCOM verifies his service
in support of Operation Desert Spring and Iraqi Freedom.  Therefore, he is
entitled to the Armed Forces Expeditionary Medal for his participation in
Operation Desert Spring.

4.  Additionally, the applicant’s DA Form 638 awarding him the ARCOM shows
the period of the award as 20 January 2003 to 1 June 2003.  Therefore he is
entitled to award of the Iraq Campaign Medal for service in direct support
of Operation Iraqi Freedom on or after 19 March 2003.

5.  There is no evidence and the applicant did not provide any to show he
served in support of specific operations that would qualify him for the
award of the Kosovo Campaign Medal.  In view of this fact, there is an
insufficient basis for award of the Kosovo Campaign Medal.

6.  The applicant met the eligibility requirements for the award of the
Global War on Terrorism Service Medal.  He is entitled to this award.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CG __  __JG ___  __PT  ___  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 as follows:

      a.  by showing he was awarded the ARCOM;


     b. by showing he is entitled to the Armed Forces Expeditionary Medal;
and
      c.  by showing he is entitled to the Iraq Campaign Medal; and


      d.  by showing he is entitled to the Global War on Terrorism Service
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
award of the CIB and the Kosovo Campaign Medal.




                                  _____Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016203                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|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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