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ARMY | BCMR | CY2005 | 20050017024C070206
Original file (20050017024C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20050017024


      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. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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, all awards he is entitled for his
service in Iraq.

2.  The applicant also requests that a second military occupation specialty
(MOS) be added to his DD Form 214 (Certificate of Release or Discharge from
Active Duty).

3.  The applicant states, in effect, that his DD Form 214 does not show
awards he is entitled for his service in Iraq.

4.  The applicant provides a copy of DA Form 638 (Recommendation for
Award), dated 19 July 2003 and a DD Form 214 in support of his application.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 27 July 2000 for a period of
three years. After completion of basic and advanced individual training, he
was awarded military occupational specialty 13S (Field Artillery Surveyor).
 On 30 November 2003, he was discharged from active duty and issued an
honorable discharge.

2.  Item13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded
the National Defense Service Medal and the Army Service Ribbon.  This form
does not show award of the Army Commendation Medal.

3.  The applicant submitted a DA Form 638, dated 19 July 2003, recommending
him for award of the Army Commendation Medal for exceptionally meritorious
service during the period 6 April 2003 through 1 July 2003.

4.  Item 21 (Proposed Citation) of the DA Form 638 shows the following
citation:  "For exceptionally meritorious service while serving as a
Battalion Reconnaissance Specialist.  Specialist (name omitted) was a great
asset to the corps mission to liberate Iraq in support of Operation Iraqi
Freedom.  SPC (name omitted)'s duty performance is in keeping with the
highest standards of selfless service and reflects great credit upon
himself, the 'Proud Rockets' Battalion, and the United States Army."  This
form further shows the award was approved on 13 August 2003 by
Headquarters, 17th Field Artillery Brigade Permanent Orders Number 225-13.

5.  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.

6.  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.

7.  Soldiers may receive both the Global War on Terrorism Service Medal and
the Global War on Terrorism Expeditionary Medal if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.

8.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows he
served as a 13S10 (Field Artillery Surveyor).  There is no evidence in the
available records which shows the applicant was awarded an additional MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show all awards
he is entitled for his service in Iraq.
2.  Permanent Orders awarded the applicant the Army Commendation Medal for
exceptionally meritorious service which is not shown on his DD Form 214.
Therefore, he is entitled to correction of his separation document to show
award of the Army Commendation Medal.

3.  Evidence of record established that the applicant is entitled to award
of the Global War on Terrorism Service Medal for his service in support of
Operation Enduring Freedom for the period 11 September 2001 through 5 April
2003.  Accordingly, he is entitled to correction of his service records to
show this award.

4.  Evidence of record established that the applicant is entitled to award
of the Global War on Terrorism Expeditionary Medal for his service in
support of Operation Iraqi Freedom for the period 6 April 2003 through 1
July 2003.  Accordingly, he is entitled to correction to his separation
document to show this award.

5.  There is no evidence and the applicant did not provide any evidence
which shows he was awarded a secondary MOS.  Therefore, there is no basis
to correct the applicant's DD Form 214 to show a secondary MOS.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JCR___  _DWT__  _WFC____  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 Commendation Medal,
award of the Global War on Terrorism Service Medal, and award of 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
correcting the DD Form 214 to show a secondary MOS.




                                     ___William F. Crain___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017024                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.  66                  |107.0020.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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