RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060000655


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |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 discharge document
to show that he contributed to the post-Vietnam Era Veteran's Educational
Assistance Program; completed 1 year, 6 months, and 5 days overseas
service; that he served in Iraq for 5 months; and was awarded the Army
Achievement Medal and Army Commendation Medal.

2.  The applicant states, in effect, that his discharge document is
incorrect and should be corrected so that it properly reflects his record
of military service,

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 20
December 2003; DFAS Form 702 (Defense Finance and Accounting Service (DFAS)
Military Leave and Earnings Statement (LES), for the period  1 - 31 October
2001; a partial copy of a DA Form 638 (Recommendation for Award) for the
period from 29 May 2001 to 28 May 2002; DA Form 4980-18 (The Army
Achievement Medal Certificate), dated 25 February 2002; DA Form 638, dated
6 July 2002; DA Form 4980-14 (The Army Commendation Medal Certificate),
undated; and Headquarters,
704th Division Support Battalion, 4th Infantry Division (Maneuver), Tikrit,
Iraq, memorandum, dated 7 July 2003, subject:  End Time Service.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show he enlisted in the
Regular Army and entered active duty on 7 November 2000.  Upon completion
of basic combat training and advanced individual training, the applicant
was awarded military occupational specialty (MOS) 63W (Wheeled Vehicle
Mechanic).  The highest rank he attained while serving on active duty was
specialist/pay grade E-4.  The applicant was honorably separated from the
Regular Army on 20 December 2003 after serving on active duty for a total
of 3 years, 1 month, and 14 days.

2.  The applicant's military service records contain a DD Form 4-Series
(Enlistment/Reenlistment Document - Armed Forces of the United States),
with a date of enlistment in the Army Reserve of 27 October 2000 and a date
of enlistment in the Regular Army of 7 November 2000; along with allied
enlistment documents.

3.  The applicant's DD Form 1966 (Record of Military Processing - Armed
Forces of the United States), dated 27 October 2000, shows, in pertinent
part, that for Item 17 (DEP Enlistment Data), section e (Program Enlisted
For) and Item
18 (Accession Data), section k (Program Enlisted For) the letter "C" was
entered.
4.  The applicant's DD Form 3286-67 (Statement of Understanding - Army
Policy), dated 27 October 2000, shows in Item 5 "I have enlisted for the
following Educational Incentive Programs (initial under the appropriate
column for each program):" that the applicant placed his initials in the
"Yes" column next to the entry for the Montgomery GI Bill (MGIB).

5.  The applicant's DD Form 2366 (Montgomery GI Bill Act of 1984), dated
27 October 2000, shows in Section 2 (Statement of Understanding), Block c
(All Other Service Members), in pertinent part, that the applicant was
eligible for the MGIB based on his initial entry on active duty after 30
June 1985; that he understood that he was automatically enrolled unless he
exercised the option to disenroll by signing Item 4 of the form by the date
designated by his Service; that he understood that unless he disenrolled
from the MGIB, his basic pay would be reduced $100 per month or the current
monthly rate for each of the first
12 months of active duty and that the basic pay reduction could not be
refunded, suspended or stopped; and that he had to complete 36 months of
active duty service before he was entitled to the current rate of monthly
benefits for a period of 36 months.  This document also shows that the
applicant signed and dated the form on 27 October 2000 and that it was
signed and dated by the witnessing official on 27 October 2000.  Section 4
(Statement of Disenrollment) of the DA Form 2366 is absent any entries.

6.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 12 (Record of Service), section f (Foreign Service) that he
completed
1 year, 1 month, and 5 days of overseas service.  Item 13 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) shows that he was awarded the National Defense Service Medal,
Army Service Ribbon, Overseas Service Ribbon, and Army Lapel Button.  Item
15a (Member Contributed to Post-Vietnam Era Veteran's Educational
Assistance Program) of the document shows that an "X" was placed in the
"No" block.  Item 18 (Remarks) of the DD Form 214 is absent any indication
that the applicant served in Iraq.  The applicant authenticated this
separation document with his signature in Item 21 (Signature of Member
Being Separated).

7.  The applicant’s Official Military Personnel File (OMPF) contains no
orders, documents or entries indicating he deployed to Southwest Asia
(i.e., Iraq, Kuwait, etc.).

8.  The applicant provides documentary evidence in support of his
application that includes his DD Form 214, and the following documents.

     a.  A copy of his DFAS Military LES.  This document shows, in
pertinent part, that a deduction of $100 for the MGIB was made from his
basic pay during the month of October 2001.

     b.  A partial copy of a DA Form 638, pertaining to a recommendation
for award of the Army Achievement Medal for the period from 29 May 2001 to
28 May 2002.  This document shows, in pertinent part, that the approval
authority, Lieutenant Colonel R_____ A. S______, serving as Commander,
498th Corps Support Battalion (Korea), approved the award on 22 February
2001 (emphasis added).  However, the partial DA Form 638 provided by the
applicant is absent Part V, the Orders Data portion of the form.  In
addition, the document does not contain any information that indicates that
it pertains to the applicant.

     c.  A partial copy of a DA Form 4980-18 that shows the applicant was
awarded the Army Achievement Medal for meritorious service while serving as
a wheeled vehicle mechanic while assigned to the 61st Maintenance Company
(Korea) from 29 May 2001 to 28 May 2002.  The order number is partially
shown as "##6-5"; the document is signed by Lieutenant Colonel R_____ A.
S______, the Commander, 498th Corps Support Battalion (Korea); and the
orders are dated 25 February 2002.  (As a matter of record, the Julian Date
(i.e., the date used in the U.S. Army for the publication of permanent
orders) for 25 February 2002 would have been shown as "056-".)

     d.  A copy of a DA Form 638, dated 6 July 2002, that shows the
applicant was recommended for award of the Army Commendation Medal for
exceptionally meritorious service while assigned to Company C, 704th
Division Support Battalion, 4th Infantry Division (Maneuver) from 1 May
2002 to 20 December 2003.  However, this document also shows, in pertinent
part, that the approval authority, the colonel in command of the Division
Support Command, 4th Infantry Division (Maneuver), did not indicate
approval of the award or sign the form, and Part V (Orders Data) of the DA
Form 638 is absent any orders data/information.

    e.  A copy of an Army Commendation Medal Certificate that shows the
applicant was awarded the Army Commendation Medal for exceptionally
meritorious service while assigned to Company C, 704th Division Support
Battalion, 4th Infantry Division (Maneuver) from 1 June 2001 to 20 December
2003.  This document also shows that it was issued under authority of
Headquarters, Division Support Command, 4th Infantry Division (Maneuver),
Forward Operating Base, Speicher, Iraq, per Order Number 203-11 (undated).
.  (As a matter of record, the Julian Date of "203-" in the year 2002
represented
25 February 2002.)  In addition, this document shows, in pertinent part,
that the approval authority, the colonel in command of the Division Support
Command, 4th Infantry Division (Maneuver), signed the award certificate.

     f.  A copy of Headquarters, 704th Division Support Battalion, 4th
Infantry Division (Maneuver), Tikrit, Iraq, memorandum, dated 7 July 2003,
subject:  End Time Service.  This document shows, in pertinent part, that
the applicant was authorized separation from active duty, effective 20
December 2003.

9.  Review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal
and his records do not contain any adverse information.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Good Conduct Medal is awarded to individuals who distinguish
themselves by their exemplary conduct, efficiency, and fidelity during a
qualifying period of active duty enlisted service.  After 27 June 1950 to
the present time, the current standard for award of the Good Conduct Medal
is 3 years of qualifying service, but as little as one year is required for
the first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.


12.  Headquarters, U.S. Army Human Resources Command message, dated
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.

13.  The Republic of Korea - Korea Defense Service Medal is authorized to
members of the Armed Forces who have served on active duty in support of
the defense of the Republic of Korea from 28 July 1954 to a date to be
determined.  Headquarters, U.S. Army Human Resources Command, message,
dated
9 February 2004, published implementing instructions for award of the Korea
Defense Service Medal.  This message specified criteria for the award of
the Korea Defense Service Medal as follows:  a) service members of the
armed forces must have served in support of the defense of the Republic of
Korea from 28 July 1954 through a future date to be determined by the
Secretary of Defense; b) the area of eligibility encompasses all land area
of the Republic of Korea, and the contiguous water out to 12 nautical
miles, and all air spaces above the land and water areas; c) service
members must have been mobilized with units or assigned or attached to
units operating in the area of eligibility and have been physically
deployed in the area of eligibility for 30 consecutive or 60 non-
consecutive days.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Achievement Medal is awarded to any member of the armed forces of the
United States, who while serving in a noncombat area on or after 1 August
1981, distinguished themselves by meritorious service or achievement.  As
with all personal decorations, formal recommendations, approval through the
chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 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.

16.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), in effect at the time of the applicant's enlistment, provided
eligibility criteria, policies, and procedures for enlistment and
processing of persons into the Regular Army and the U.S. Army Reserve for
enlistment on or after the effective date of the regulation.  Chapter 6
(Military Entrance Processing Station Processing Phase), in pertinent part,
provides instructions for completion of the DD Form 1966 (Record of
Military Processing - Armed Forces of the United States).  Paragraph 6-12
(Completion of the DD Form 1966) of this document provides the instructions
for completing Item 17 (DEP Enlistment Data), section e (Program Enlisted
For) and Item 18 (Accession Data), section k (Program Enlisted For) and
shows, in pertinent part, that the code "C" will used for all non-prior
service applicants who have not served in any regular component of the
Armed Forces and who are enrolled in the Montgomery GI Bill.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

18.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
completing Item 12f state to enter the total amount of foreign service
completed during the period covered by the DD Form 214, as taken from the
PQR/ERB/ORB.  The instructions for completing Item 13 state to list awards
and decoration for all periods of service in the priority sequence
specified in Army Regulation 600-8-22 and that each entry will be verified
by the Soldier's records.  The instructions for Item 15a state, in
pertinent part, that for any Soldier who enlisted after 1985, mark "No."
The instructions for preparation of Item 18 (Remarks) state, in pertinent
part, that an entry will be made for an active duty Soldier deployed with
his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should
be corrected to show that he contributed to the post-Vietnam Era Veteran's
Educational Assistance Program; completed 1 year, 6 months, and 5 days
overseas service; that he served in Iraq for 5 months; and was awarded the
Army Achievement Medal and Army Commendation Medal.

2.  The evidence of record shows that the applicant enrolled in the MGIB
when he enlisted in the U.S. Army on 27 October 2000, that a deduction of
$100 for MGIB was made from his basic pay during the 12th month of his
active duty service commitment, and that he completed 36 months of active
duty service.  There is no evidence of record that shows the applicant
disenrolled from the MGIB.  However, the evidence of record also shows that
the entry in Item 15a of the applicant's DD Form 214 is correct.
Therefore, the applicant is not entitled to correction of Item 15a of his
DD Form 214.

3.  The evidence of record indicates that orders were issued and the
applicant received an Army Achievement Medal Certificate signed by the
approving authority.  Therefore, the applicant is entitled to correction of
his records to show award of the Army Achievement Medal.
4.  The evidence of record indicates that orders were issued and the
applicant received an Army Commendation Medal Certificate signed by the
approving authority.  Therefore, the applicant is entitled to correction of
his records to show award of the Army Commendation Medal.

5.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 7 November 2000 to 6 November 2003 based on completion of a
period of qualifying active duty enlisted service.  Therefore, he is
entitled to correction of his records to show this award.

6.  The evidence of record shows the applicant is authorized the Global War
on Terrorism Service Medal for his service in support of the Global War on
Terrorism outside the area of eligibility.  Therefore, it would be
appropriate to correct his records to show this service medal.

7.  The evidence of record shows that the applicant is authorized the
Republic of Korea - Korea Defense Service Medal.  Therefore, it would be
appropriate to correct his records to show this foreign service medal.

8.  The evidence of record, which includes the applicant’s PQR and OMPF,
contain no entries, orders, or other documents that verify the applicant's
specific dates of service in either the Republic of Korea or in Southwest
Asia.  While the documents provided by the applicant pertaining to his two
awards offer evidence of his overseas service in both the Republic of Korea
and Southwest Asia, these documents alone provide insufficient documentary
evidence with respect to the specific dates the applicant actually served
overseas in the two respective countries.  Therefore, in the absence of
documentary evidence substantiating the applicant's specific dates of
overseas service in the Republic of Korea and Iraq, the applicant is not
entitled to correction of Item 12f (Foreign Service) of his DD Form 214.
In addition, based on the foregoing, the applicant is not entitled to an
entry in Item 18 (Remarks) of his DD Form 214.

9.  The applicant authenticated the DD Form 214 with his signature on the
date of his separation.  In effect, this was his verification that the
information contained on the separation document was correct at the time
the document was prepared and issued, to include the entries in Item 12f,
Item 15a, and Item 18.  Absent additional documentary evidence
corroborating the dates he served overseas in the Republic of Korea and in
Southwest Asia, there is an insufficient evidentiary basis to provide the
requested relief at this time.

10.  The applicant is advised that, if he has additional documentation that
offers evidence of the specific dates of his overseas service in the
Republic of Korea and/or Southwest Asia (i.e., Iraq, Kuwait, etc.), the
applicant may submit an application for reconsideration of his request.
The applicant is also advised that any request for reconsideration of an
Army Board for Correction of Military Records (ABCMR) decision must be
received with one year of the ABCMR's original decision.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JBG___  __MJF__  ___SWF_  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.  awarding the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 7 November 2000 to
6 November 2003; and

      b.  correcting his DD Form 214 to add the Army Commendation Medal,
Army Achievement Medal, Good Conduct Medal, Global War on Terrorism Service
Medal, and Korea Defense 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
the applicant's request concerning the post-Vietnam Era Veteran's
Educational Assistance Program, that he completed 1 year, 6 months, and 5
days overseas service, and that he served in Iraq for 5 months.




                                  ___James B. Gunlicks_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000655                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20031220                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |103.0100.0000                           |
|2.                      |107.0020.0000                           |
|3.                      |107.0025.0000                           |
|4.                      |110.0400.0000                           |
|5.                      |100.0000.0000                           |
|6.                      |                                        |


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