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ARMY | BCMR | CY2006 | 20060001227C070205
Original file (20060001227C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060001227


      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. G. E. Vandenberg              |     |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, correction of his 29 October 2005 DD
Form 214 (Certificate of Release or Discharge from Active Duty) at items 13
(Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or
Authorized), and 14 (Military Education).

2.  The applicant states, in effect, that his command did not update his
records and as such the entries of a second Army Commendation Medal, the
Army Reserve Component Achievement Medal, the Iraq Campaign Medal, two
Overseas Service Bars, and the Texas Adjutant General's Individual Award
were omitted from the 29 October 2005 DD Form 214.  He indicates the DD
Form 214 also omits his military training courses of the Medical Specialist
Course and the Eye Specialist Course.

3.  The applicant provides copies of his 29 October 2005 DD Form 214, two
Army Commendation Medal Certificates; three course completion certificates;
Texas Army National Guard (TXARNG) Permanent Orders 196-05; and a
memorandum from Headquarters, Task Force MED 115 Abu, Ghraib, Iraq.

CONSIDERATION OF EVIDENCE:

1.  The records show the applicant enlisted in the Texas Army National
Guard (TXARNG) in early 1997 and served on initial active duty for training
(IADT) for 9 months and 21 days.  During this period he completed the
Medical Specialist Course and the Eye Specialist Course, Phase I and II.  A
copy of the DD Form 214 for this period is not of record.

2.  TXARNG Permanent Orders 196-05, dated 15 July 1998, awarded the
applicant the Texas Adjutant General's Individual Award for meritorious and
outstanding service for the period 6 June 1998 through 20 June 1998.

3.  Company F, 249th Support Battalion, TXARNG Permanent Orders 196-05,
dated 6 November 1999, awarded the applicant the Army Reserve Component
Achievement Medal.

4.  The applicant enlisted in the Regular Army on 24 October 2000.  A copy
of his discharge from the TXARNG is not of record.

5.  Headquarters, 115th Field Hospital, Fort Polk, Louisiana Permanent
Orders Number 143-120 awarded the applicant the Army Commendation Medal for
the period from 6 March 2003 to 30 June 2003.
6.  Headquarters, Task Force MED 115, Abu Ghraib, Iraq Permanent Orders
Number 120-020 awarded the applicant the Army Commendation Medal for the
period 29 July 2004 to 28 July 2005.

7.  A 1 July 2005 Headquarters, Task Force MED 115 Abu, Ghraib, Iraq,
memorandum documents the applicant’s service with two separate commands in
Iraq from 29 July 2004 through 8 July 2005.  It states he is entitled to
the Iraqi Campaign Medal, two Overseas Service Bars (for this period), and
to wear the 2nd Medical Brigade and 44h Medical Command Shoulder Sleeve
Insignia - Former Wartime Service.

8.  The 29 October 2005 DD Form 214 shows the following at:

      a.  item 13, his awards are the Army Commendation Medal, the Army
Achievement Medal (2nd award), the Army Superior Unit Award, the Good
Conduct Medal, the National Defense Service Medal, the Army Service Ribbon,
the Global War on Terrorism Service Medal, and the Global War on Terrorism
Expeditionary Medal;


      b.  item 14, states “NONE”; and


      c.  item 18 (Remarks), lists service in Kuwait from 5 March 2003
through 5 June 2003 and in Iraq from 24 July 2004 through 17 July 2005.

9.  Army Regulation 635-5 (Separation Documents) states, in pertinent part,
that the DD Form 214 will reflect at:

      a.  item 13, a Soldier's (Federally recognized) awards and
decorations for all periods of service in the priority sequence; and

      b.  item 14, all formal in-service (full-time attendance) training
courses successfully completed during the period of service covered by the
DD Form 214.

10.  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 non-
consecutive days are authorized this award.

11.  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.

12.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the Global War on Terrorism Expeditionary Medal to
Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi
Freedom in the following areas of eligibility (AOE):  Afghanistan, Bahrain,
Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea,
Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait,
Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania
(Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35
east degrees east latitude), Turkmenistan, United Arab Emirates,
Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees
north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of
Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the
Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea,
Strait of Hormuz, and Suez Canal.

13.  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.


14.  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.  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].

15.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.  Effective 30 April 2005, the Global War on Terrorism
Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for
service in Iraq; however, service members who qualified for the GWOTEM by
reason of service between 19 March 2003 and 30 April 2005 in an area for
which the Iraq Campaign Medal was subsequently authorized shall remain
qualified for the GWOTEM.  Upon application, any such service member may be
awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service;
however, no service member shall be entitled to award of the Iraq Campaign
Medal and the GWOTEM for the same act, achievement or period of service.

16.  Army Regulation 600-8-22 (Military Awards) provides that an Oak Leaf
Cluster is authorized for wear for each subsequent award of the Army
Commendation Medal.

17.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) lists the Overseas Service Bar as an authorized insignia to be
worn on the sleeve of a uniform jacket.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is authorized award of the Global War on Terrorism
Service Medal for his service from 11 September 2001 through 4 March 2003,
the Global War on Terrorism Expeditionary Medal for his service in Kuwait
from 5 March 2003 through 5 June 2003, and the Iraq Campaign Medal from 24
July 2004 through 17 July 2005.  His records should be corrected to show
his award of the Iraq Campaign Medal.
2.  The applicant was awarded the Army Reserve Component Achievement Medal.
 It is appropriate to correct his records to reflect this award on the
DD Form 214.

3.  The applicant was twice awarded the Army Commendation Medal.  As such
his records should be corrected to show that he is authorized the Army
Commendation Medal with one Oak Leaf Cluster.

4.  The Adjutant General's Individual Award is not a Federally recognized
award and as such it is not an award authorized for inclusion on the
DD Form 214.

5.  The record shows that the applicant was authorized two Overseas Service
Bars.  Since these items are uniform parts and not awards or decorations
inclusion on the DD Form 214 is not appropriate.

6.  The applicant attended his military schools in 1997 during his period
of IADT.  Since this training occurred prior to the period covered by the
29 October 2005 DD Form 214, inclusion on this form is not appropriate.

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 that, in addition to the awards listed on
his DD From 214, the applicant is also authorized the Army Commendation
Medal with one Oak Leaf Cluster, the Iraq Campaign Medal, and the Army
Reserve Component Achievement 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 inclusion of The Adjutant General's Individual Award, the Overseas
Service Bars, and military education courses on the 29 October 2005 DD Form
214.




                                  __     William F. Crain______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001227                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT Partial                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |100                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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