RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20050017855


      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. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Bronze Star
Medal and to show he served in Operation Enduring Freedom (OEF) and
Operation Iraqi Freedom (OIF).

2.  The applicant states, in effect, that he was awarded the Bronze Star
Medal during his separation processing and the award was not annotated on
his separation document.  The applicant continues that he has seven sets of
orders which show he had multiple deployments in support of OEF and OIF.
He further states that there are orders which authorized him wear of the
Shoulder Sleeve Insignia for his participation in OEF.

3.  The applicant provides a self-authored letter, dated 7 December 2005;
copy of his DD Form 214; a Bronze Star Medal certificate, dated 3 October
2005; a citation for the Distinguished Flying Cross; six Air Medal
certificates; Headquarters, 160th Special Operations Aviation Regiment,
Fort Campbell, Kentucky Orders Number TE80967, dated 28 February 2003;
Headquarters, 160th Special Operations Aviation Regiment Orders Number
TC90459, dated 8 December 2003; Headquarters, 160th Special Operations
Aviation Regiment Orders Number TH90621, dated 1 June 2004; Headquarters,
160th Special Operations Aviation Regiment Orders Number TA90092, dated 15
October 2004; Headquarters, 160th Special Operations Aviation Regiment
Orders Number TE90905, dated 10 February 2005; and Headquarters, 160th
Special Operations Aviation Regiment Orders Number TH91261, dated 25 May
2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed into the Army on 1 December 1994 as a
warrant officer one and served in military occupational specialty 153EB K4
(MH-60 Pilot). He was honorably discharged on 22 November 2005.

2.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded
the Army Achievement Medal (2nd Award), the Distinguished Flying Cross, the
Air Medal (6th Award), the Army Commendation Medal (2nd Award), the Global
War on Terrorism Service Medal, the National Defense Service Medal, the
Korea Defense Service Medal, the Army Service Ribbon, the Overseas Service
Ribbon (2nd Award), the Senior Army Aviator Badge, and the Air Assault
Badge.

3.  The applicant's DD Form 214 does not show award of the Bronze Star
Medal.

4.  The applicant submitted a Bronze Star Medal certificate, dated 3
October 2005.  This certificate shows that Permanent Orders Number 276-104,
dated 3 October 2005 authorized award of the Bronze Star Medal.  The
certificate shows the following citation:

      "For exceptionally meritorious achievement as an MH-60K fully mission
qualified pilot for a Joint Task Force in support of Operation Enduring
Freedom and Operation Iraqi Freedom.  During this period, Chief Warrant
Officer Three [name omitted] responsiveness was a direct reflection on the
assault mission success.  His leadership ability played an instrumental
part of his unit's record of mission success.  Through his distinctive
accomplishments, Chief Warrant Officer Three [name omitted] reflected great
credit upon himself, this command, and the United States Army."

5.  Headquarters and Headquarters Company 1st Battalion, 160th Special
Operations Aviation Regiment of the United States Army Special Operations
Command Memorandum for Record, dated 18 March 2002, shows the applicant met
the requirements and was awarded for permanent wear the Shoulder Sleeve
Insignia for participation in OEF.

6.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows an
entry of 1 year, 5 months, and 26 days.  However, item 18 (Remarks) of this
form does not contain any entries showing exact period(s) and location(s)
of Foreign Service.

7.  The applicant submitted Headquarters, 160th Special Operations Aviation
Regiment Orders Number TE80967, dated 28 February 2003.  These orders
deployed and assigned the applicant to U.S. Central Command (CENTCOM) Area
of Responsibility (AOR) effective on or about 8 March 2003 in support of
Operation Enduring Freedom.

8.  The applicant submitted Headquarters, 160th Special Operations Aviation
Regiment Orders Number TC90459, dated 8 December 2003.  These orders
deployed and assigned the applicant to CENTCOM AOR effective on or about
13 December 2003 in support of Operation Iraqi Freedom.

9.  The applicant submitted Headquarters, 160th Special Operations Aviation
Regiment Orders Number TH90621, dated 1 June 2004.  These orders deployed
and assigned the applicant to CENTCOM AOR effective on or about 8 June 2004
in support of Operation Iraqi Freedom.
10.  The applicant submitted Headquarters, 160th Special Operations
Aviation Regiment Orders Number TA90092, dated 15 October 2004.  These
orders deployed and assigned the applicant to CENTCOM AOR effective on or
about 21 October 2004 in support of Operation Iraqi Freedom.

11.  The applicant submitted Headquarters, 160th Special Operations
Aviation Regiment Orders Number TE90905, dated 10 February 2005.  These
orders deployed and assigned the applicant to CENTCOM AOR effective on or
about 26 February 2005 in support of Operation Iraqi Freedom.

12.  The applicant submitted Headquarters, 160th Special Operations
Aviation Regiment Orders Number TH91261, dated 25 May 2005.  These orders
deployed and assigned the applicant to CENTCOM AOR effective on or about
7 June 2005 in support of Operation Iraqi Freedom.

13.  A review of all the orders submitted failed to specify which country
or countries the applicant served his deployment(s).  Attached is a map
which shows 27 countries that encompass the CENTCOM AOR.

14.  The applicant submitted six Air Medal certificates which show he was
awarded the Air Medal for the following dates:

      a.  on 14 November 2001, for meritorious achievement as a MH-60K
Crewmember while assigned to Task Force Sword during Operation Enduring
Freedom;

      b.  during the period 21 October 2002 to 29 November 2002, for
exceptionally meritorious achievement during aerial flight against the
enemy as a MH-60K Assault Pilot assigned to Task Force 5 during Operation
Enduring Freedom;

      c.  on 1 April 2003, for exceptionally meritorious achievement as an
MH-60K Aircraft Commander during a successful rescue of an American
Prisoner of War;

      d.  on 7 April 2003, for exceptionally meritorious achievement as an
MH-60K Mission Pilot assigned to Joint Task Force during Operation Iraqi
Freedom;



      e.  during the period 15 October 2004 to 14 December 2004, for
exceptionally meritorious achievement during aerial flight as an MH-60K
Fully Mission Qualified Pilot assigned to Joint Task Force during Operation
Iraqi Freedom; and

      f.  during the period 27 February 2005 to 12 April 2005, for
exceptionally meritorious achievement during aerial flight as a MH-60K
Fully Mission Qualified Aviator for a Joint Task Force in support of
Operation Iraqi Freedom.

15.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

16.  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.

17.  Paragraph 2-4 of Army Regulation 635-5 indicates that item 12f
(Foreign Service) of the DD Form 214 would show the total amount of foreign
service completed during the period covered in block 12c (Net Active
Service This Period), which will be taken from the Soldier's Enlisted
Record Brief or Officer Record Brief.

18.  Paragraph 2-4 of Army Regulation 635-5 also indicates that an active
duty Soldier deployed with his or her unit during their continuous period
of active service, the following statement will be entered in item 18
(Remarks) of the DD Form 214:

      "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD -YYYYMMDD)."

19.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

20.  The applicant's service records contain a Meritorious Service Medal
certificate, dated 12 December 2005.  This certificate awarded him the
Meritorious Service Medal based on Permanent Orders Number 346-3, dated
12 December 2005, for exceptionally meritorious service as an MH-60K Fully
Mission Qualified Pilot and Safety Officer.

21.  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.

22.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of
the Bronze Star Medal.  The applicant also requests correction of his
separation document to show his periods of deployment in support of OEF and
OIF.

2.  Evidence shows the applicant was awarded the Bronze Star Medal for
exceptionally meritorious achievement.  This award is not shown on his
separation document; therefore, he is entitled to correction of his DD Form
214 to show this award.

3.  Evidence shows the applicant is authorized to wear the Shoulder Sleeve
Insignia for his service in OEF.  However, there are no provisions for
entering the shoulder sleeve insignia for former wartime service on the DD
Form 214.


4.  Regulation states the DD Form 214 will contain an entry showing foreign
service by the name of the country and the period of deployment.  Evidence
shows the applicant was deployed on six separate occasions and assigned to
CENTCOM AOR in support of OEF and OIF.

5.  Evidence shows that CENTCOM AOR encompasses 27 countries; however,
there are insufficient records and the applicant did not provide sufficient
evidence which specifically states which qualifying area he served during
his deployment(s).  Absent evidence which specifically shows the country
which the applicant was assigned to in support of OEF and OIF, there is
insufficient basis to grant the applicant's request to correct his
separation document to show his periods of deployment at this time.

6.  Evidence shows after the preparation of the applicant's DD Form 214, he
was awarded the Meritorious Service Medal for exceptionally meritorious
service.  Therefore, he is entitled to correction of his DD Form 214 to
show this award.

7.  Evidence shows the applicant was awarded the Global War on Terrorism
Service Medal.  Evidence shows the applicant was deployed on six separate
occasions flying combat missions in support of OEF and OIF.  It is presumed
that one of the periods of deployment was used to meet the criteria for
award of the Global War on Terrorism Service Medal.

8.  Based on the above fact, the applicant's other periods of deployment in
support of OEF and OIF will qualify him for award of the Global War on
Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of
his separation document to show award of the Global War on Terrorism
Expeditionary Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_PHM___  _DRG___  __RSV___ 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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
Bronze Star Medal, the Meritorious Service 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
correcting his separation document to show award of the Shoulder Sleeve
Insignia and his periods of deployment in support of OEF and OIF.




                                   __Patrick H. McGann, Jr.
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017855                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  60   |107.0014.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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