RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001258


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show the award of the Legion of
Merit (LOM), Global War on Terrorism Service Medal (GWOTSM), and the Joint
Meritorious Unit Award (JMUA) (2nd Award).

2.  The applicant states that the LOM was not approved until after he
retired; the GWOTSM implementing instructions were not published at the
time of his retirement; and he was not aware of the issuance of the JMUA at
the time of his retirement.

3.  The applicant provides a copy of the LOM certificate, copy of the
message awarding the GWOTSM, copy of the message awarding the JMUA, and
three copies of his Officer Evaluation Reports (OERs) showing his unit of
assignment.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 October 2003.  The application submitted in this case
is dated
18 January 2006.

2.  The applicant's DD Form 214 shows he entered active duty on 13 January
1984.  He completed Officer Candidate School and the Infantry Officer Basic
Course in 1984.  The applicant served a total of 20 years, 9 months, and 17
days of active federal service, and was honorably released from active duty
for retirement on 31 October 2003.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 does not show the
award of the LOM, GWOTSM or the JMUA (2nd Award).

4.  United States Army Human Resources Command Permanent Orders Number 322-
17, dated 18 November 2003, shows the applicant was awarded the LOM for
exceptional meritorious service from 1 November 1993 through 31 October
2003.

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.  Battalion commanders and commanders of separate units are authorized to
award the Global War on Terrorism Service Medal to qualified personnel.
Permanent orders are NOT required.

7.  The applicant provided three copies of his OERs which show he was
assigned to Headquarters, United States Army Element, United States Space
Command, Peterson, Air Force Base, Co from 28 March 1998 through 2 July
2000, during the period the award of the JMUA was authorized for this
command.

8.  DOD Instruction 1348.33 (Military Awards Program) provides, in
pertinent part, that the Joint Meritorious Unit Award was authorized by the
Secretary of Defense on 10 June 1981.  It is awarded to recognize joint
units and activities for meritorious achievement or service, superior to
that which is normally expected.  Qualifying achievements must be superior
to that which is expected under conditions of combat with an armed enemy of
the United States, a declared national emergency situation or extraordinary
circumstances and should be operational in nature.  The Joint Meritorious
Unit Award may not be awarded to any DOD activity which has received any
other unit award for the same achievement or period of service.  An oak
leaf cluster is authorized for wear for each additional award of the Joint
Meritorious Unit Award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Legion of
Merit, Global War on Terrorism Service Medal, and the Joint Meritorious
Unit Award (2nd Award).

2.  Permanent Orders shows the applicant is entitled to award of the LOM
which is not shown on his separation document.  Therefore, he is entitled
to correction of his records to show this award.

3.  Evidence of record shows that the applicant was on active duty during
the period of eligibility for award of the GWOTSM; therefore, he is
entitled to this award and correction of his military records to show this
award.

4.  Evidence of records also shows that the applicant was assigned to a
command who was authorized the award of the JMUA, therefore, he is entitled
to this award and correction of his military records to show this award.

BOARD VOTE:

__alr___  __lmb___  __qas___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing the award of the Legion of Merit, Global War on Terrorism Service
Medal, and the Joint Meritorious Unit Award (1st Oak Leaf Cluster).



                                        Allen L. Raub
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001258                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0032                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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