RECORD OF PROCEEDINGS


IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060001279


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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, that his discharge document be
corrected to show two awards of the Army Commendation Medal and award of
the Combat Action Badge.

2.  The applicant states, in effect, that the awards were not entered on
his discharge document because they had not been processed to completion at
the time of his separation processing.  He adds, in effect, subsequent to
his separation from the Army he received the award documents and would like
the awards added to his discharge document.

3.  The applicant provides two DA Forms 638 (Recommendation for Award),
dated 13 September 2004 and 26 August 2005; two DA Forms 4980-14 (The Army
Commendation Medal Certificate), dated 14 May 2005 and 15 September 2005;
and Headquarters, 1st Infantry Division, Permanent Orders 265-04, dated
22 September 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 2005, the date of his release from active duty.  The
application submitted in this case is dated 16 January 2006.

2.  The applicant's military personnel record shows that he enlisted in the
U.S. Army Reserve on 24 September 2001 and entered active duty in the
Regular Army on 22 October 2001.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 19D (Cavalry Scout).  The applicant's military
service records show that he served in support of Operation Iraqi Freedom
II (OIF II) and that he was honorably separated from the Regular Army on 31
May 2005 after serving on active duty for a total of 3 years, 7 months, and
9 days.

3.  The applicant's military service records contain a copy of a DD Form
214 (Certificate of Release or Discharge from Active Duty), issued at the
time of his separation from the Regular Army.  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 Good Conduct Medal, National
Defense Service Medal, Global War On Terrorism Expeditionary Medal, Global
War On Terrorism Service Medal, Overseas Service Ribbon, and Army Lapel
Button.  Item 14 (Military Education) of this document shows, in pertinent
part, that the applicant completed the 12-week Cavalry Scout Course in
March 2002.
4.  In support of his application, the applicant provides the following
documents:

     a.  A copy of a DA Form 638, dated 13 September 2004 that shows the
applicant was recommended for award of the Bronze Star Medal for
exceptionally meritorious service during OIF II from 16 March 2004 to
21 February 2005.  This document also shows, in pertinent part, that the
lieutenant colonel in command of the 1st Squadron, 4th U.S. Cavalry
(Forward), OIF II, recommended downgrade of the award to the Army
Commendation Medal.  This document further shows, in pertinent part, that
the approval authority, the major general in command of the 1st Infantry
Division (Forward), OIF II, approved award of the Army Commendation Medal
to the applicant and that the orders issuing headquarters completed Part V
(Orders Data) of the
DA Form 638 on 14 May 2005;

     b.  A copy of an Army Commendation Medal Certificate, dated 14 May
2005, that shows the applicant was awarded the Army Commendation Medal for
exceptionally meritorious service while serving as a Gunner in Task Force
Danger during OIF II from 16 March 2004 to 21 February 2005.  This document
also show that it was issued under authority of Headquarters, 1st Infantry
Division (Forward), Tikrit, Iraq, per Permanent Order Number 134-45, dated
14 May 2005;

     c.  A copy of a DA Form 638, dated 26 August 2005, that shows the
applicant was recommended for award of the Army Commendation Medal for
exceptionally meritorious service from 22 October 2001 to 15 May 2005.
This document also shows, in pertinent part, that the applicant's troop
commander and his squadron commander both entered laudatory comments about
the applicant on the award recommendation and recommended approval of the
award.  This document further shows, in pertinent part, that the approval
authority, the brigadier general serving as Assistant Division Commander
(Maneuver), 1st Infantry Division (Germany), approved award of the Army
Commendation Medal.  However, Part V (Orders Data) of the copy of the DA
Form 638 provided by the applicant does not contain any orders
data/information;

     d.   A copy of an Army Commendation Medal Certificate, dated 15
September 2005, that shows the applicant was awarded the Army Commendation
Medal for exceptionally meritorious service while assigned to A Troop, 1st
Squadron,
4th U.S. Cavalry from 22 March 2002 (sic) to 15 May 2005.  This document
also shows that the award was issued under authority of the brigadier
general serving as Assistant Division Commander (Maneuver), 1st Infantry
Division, Schweinfurt, Germany, per Permanent Order Number 258-08, dated 15
September 2005; and

     e.  A copy of Headquarters, 1st Infantry Division, Permanent Orders
265-04, dated 22 September 2005, that show he was awarded the Combat Action
Badge for actively engaging or being engaged by the enemy in support of
Operation Iraqi Freedom on 10 July 2004.

5.  A review of the applicant's record reveals that he may be entitled to
additional awards and decorations that are not shown on his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service
Ribbon was established by the Secretary of the Army on 10 April 1981.  This
regulation states, in pertinent part, that effective 1 August 1981, all
members of the Active Army, Army National Guard, and Army Reserve in an
active Reserve status are eligible for the award upon successful completion
of initial entry training.  The award may be awarded retroactively to those
personnel who completed the required training before 1 August 1981 provided
they had an Active Army status on or after 1 August 1981.

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements
for the Overseas Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States for
the specific time frames and areas of operation cited in Army Regulation
670-1 or appropriate Department of the Army message.  This Army regulation
provides, in pertinent part, that one overseas service bar is authorized
for each 6-month period of Federal service as a member of a U.S. Service
participating in Operation Iraqi Freedom, the Central Command (CENTCOM)
area of operations, or under the control of the Combatant Commander,
CENTCOM, from 19 March 2003 to a date to be determined.  The months of
arrival to, and departure from, the CENTCOM area of operations are counted
as whole months.

8.  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.

9.  Army Regulation 600-8-22, paragraph 6-3, states, in pertinent part,
that an oak leaf cluster is awarded to denote the second and each
succeeding award of certain decorations, among which is the Army
Commendation Medal.

10.  Headquarters, Department of the Army, Washington, District of
Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the
Combat Infantryman Badge and the Combat Medical Badge and the Establishment
of the Combat Action Badge, states, in pertinent part, that on 2 May 2005,
the Chief of Staff, Army approved the creation of the Combat Action Badge
to provide special recognition to Soldiers who personally engage, or are
engaged by the enemy.  This document provides, in pertinent part, that the
Combat Action Badge may be awarded to any Soldier; however, the Soldier
must be performing assigned duties in an area where hostile fire pay or
imminent danger pay is authorized; the Soldier must be personally present
and actively engaging or being engaged by the enemy, and performing
satisfactorily in accordance with the prescribed rules of engagement; and
the Soldier must not be assigned/attached to a unit that would qualify the
Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The
Combat Action Badge is authorized for award from 18 September 2001 to a
date to be determined.  This document also states that award of the Combat
Action Badge will be announced in permanent orders; however, a certificate
is not issued for the Combat Action Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should
be corrected to show two awards of the Army Commendation Medal and award of
the Combat Action Badge because the awards had not been processed to
completion at the time his discharge document was issued.  The applicant
provides documents which support his service during Operation Iraqi Freedom
and his request for awards.

2.  Permanent Orders awarded the applicant the Army Commendation Medal.
Therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows that the brigadier general serving as
Assistant Division Commander (Maneuver), 1st Infantry Division, approved an
award of the Army Commendation Medal to the applicant.  The evidence of
record also shows that orders data is missing from the DA Form 638.
However, the evidence of record further shows that the orders data is
included on the applicant's Army Commendation Medal Certificate.
Therefore, it is reasonable to assume that the DA Form 638 provided by the
applicant is not a copy of the DA Form 638 that was finalized by the orders
issuing authority.  Nonetheless, the DA Form 638, along with the Army
Commendation Medal Certificate, show that the award was approved and signed
by the approval authority and announced in permanent orders.  In view of
the foregoing, the evidence supports the second award of the Army
Commendation Medal.  Therefore, he is entitled to correction of his records
to show award of the Army Commendation Medal (1st Oak Leaf Cluster).  (It
is noted that the period for the award shown in the award certificate
narrative (i.e., "from 22 October 2001 to 15 May 2005") does not correspond
to the date entered on the award certificate after the period for the award
(i.e., "From:
22 October 2002 To 15 May 2005".  Therefore, the applicant should be issued
a "corrected copy" of a DA Form 4980-14 (Army Commendation Medal
Certificate) showing the correct period for the award (i.e., from 22
October 2001 to 15 May 2005).

4.  Permanent Orders awarded the applicant the Combat Action Badge.
Therefore, he is entitled to correction of his records to show this badge.

5.  The evidence of record shows that the applicant successfully completed
initial entry training and qualified for award of the Army Service Ribbon.
Therefore, he is entitled to correction of his records to show this award.

6.  Records show that the applicant participated in the area of operations
for Operation Iraqi Freedom for a period of 12 months.  Therefore, he is
entitled to correction of his records to show award of 2 Overseas Service
Bars.

BOARD VOTE:

__LDS___  __PMS__  __AM___  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:

     a.  issuing a DA Form 4980-14 (Army Commendation Medal Certificate)
showing the correct period for the award (i.e., from 22 October 2001 to 15
May 2005; and



     b.  correcting his DD Form 214 to add the Army Commendation Medal
(1st Oak Leaf Cluster), Combat Action Badge, Army Service Ribbon, and
2 Overseas Service Bars.




                                  ____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200600001279                          |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050531                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Service          |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |107.0000.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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