RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060001425


      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:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Mr. David K. Haasenritter         |     |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 award of all medals to which he is entitled.  He
specifically requests the Southwest Asia Service Medal (SWASM) and, it
appears, he is also requesting the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that the medals were awarded to
everyone in his unit above the grade of E-5; however, he never received his
and they were omitted from his DD Form 214 (Certificate of Release or
Discharge From Active Duty).

3.  The applicant did not provide any additional documentary evidence in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s complete military records are not available to the
Board.  This case is being considered using partial records which primarily
consist of his DD Form 214, separation orders, NGB Form 22 (Report of
Separation and Record of Service), partial DD Form 4 (Enlistment Contract),
and a poor copy of his Enlisted Record Brief (ERB).

2.  The Board noted the applicant’s request for award of the Bronze Star
Medal.  The applicant's DD Form 214 (Certificate of Release or Discharge of
Active Duty) does not list the Bronze Star Medal as an authorized award.
There is no evidence that he was awarded or was recommended for award of
the Bronze Star Medal.  The applicant has not exhausted the administrative
remedy available to him under the provisions of Section 1130, Title 10,
United States Code.  He has been notified by separate correspondence
regarding submission of recommendations for award of the Bronze Star Medal
under this provision of law.  As a result, award of the Bronze Star Medal
requested by the applicant is not discussed further in these proceedings.

3.  The applicant served in the Oklahoma Army National Guard from 22 August
1997 to 13 May 1999.  He served in military occupational specialty (MOS)
13M10 (Multiple Launch Rocket System Crewmember).  He was separated as an
unsatisfactory participant in pay grade private/E-1.

4.  The applicant enlisted in the Regular Army (RA) for 3 years on 4 June
2002.  His enlistment contract shows he was enlisted in pay grade private/E-
2 for service in Europe.  His ERB shows:  he was assigned to the 141st
Signal
Battalion, Weisbaden, Germany and performed duty in MOS 63B (Light Wheel
Vehicle Mechanic); he served a tour of duty in Iraq from 28 April 2003 to
29 July 2004; and his highest rank/pay grade held was specialist/E-4.

5.  His DD Form 214 shows he was involuntarily discharged by reason of
completion of required active service on 3 June 2005; his characterization
of service was honorable.  He was discharged in the rank/pay grade of
private/E-1 and he received a Reentry (RE) Code of 3, meaning his is
ineligible to reenlist without a waiver.

6  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows he awarded the
Army Achievement Medal, National Defense Service Medal, Global War on
Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army
Service Ribbon, and the Overseas Ribbon.  It does not show the award of the
Southwest Asia Service Medal.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent part;

      a.  The Southwest Asia Service Medal (SWASM) is awarded to any member
of the Armed Forces for service in prescribed geographical parts of the
Middle East during Operations Desert Shield and Desert Storm from 2 August
1990 through a closing date of 30 November 1995.

      b.  The Army Good Conduct Medal (AGCM) is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the AGCMl, disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.

8.  Human Resources Command (HRC) Message (Date Time Group 17 March 2004)
provides for award of the Global War on Terrorism Expeditionary Medal for
Soldiers who deploy abroad for service in 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 or 60
nonconsecutive days in designated areas of eligibility [after 30 April
2005, service in Iraq is nonqualifying], 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 aircrew
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.  The message also states
that under no condition will any Soldier serving in the United States
receive this award.

9.  Public Law 108-234, dated 28 May 2004 and Executive Order 13363, dated
29 November 2004, established the Iraq Campaign Medal (ICM).  Military
Awards Branch Message [dated 8 April 2005] provides the following
implementing instructions for award of the Iraq Campaign Medal (ICM).
Award of the ICM 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.  The area of
eligibility encompasses all land area of the country of Iraq, the
contiguous sea area out to 12 nautical miles, and the air space above these
areas.  To qualify for award of the ICM, 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].  Furthermore, only one award of the ICM may be authorized for
any individual.  Service stars are not prescribed for wear with this medal;
however, the ICM may be awarded with the bronze arrowhead device to
eligible Soldiers.  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 ICM was subsequently authorized shall remain qualified for the
GWOTEM.  Upon application, any such service member may be awarded the
ICM in lieu of the GWOTEM for such service; however, no service member
shall be entitled to award of the ICM and the GWOTEM for the same act,
achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of all medals to which he is entitled, to
include the SWASM.

2.  In order to meet eligibility requirements for award of the SWASM, the
applicant would have had to participate in Operations Desert Shield/Desert
Storm in the designated area on or after 2 August 1990 to 30 November 1995.
 The applicant was not in the service during Operations Desert
Shield/Desert Storm; therefore, he is not entitled the SWASM.

3.  The applicant served in Iraq from 28 April 2003 to 29 July 2004 and was
awarded the GWOTEM for that service.  Subsequent to that service, the ICM
was established by Executive Order 13363, dated 29 November 2004.  Either
award is now considered appropriate for the applicant's dates of Iraq
service; therefore there is no correction required to his DD Form 214.

4.  The applicant's complete service record was not available for review.
However, it is apparent that the applicant experienced problems during his
military service.  His NGB Form 22 shows he was discharged as an
unsatisfactory participant; during his RA enlistment, he was reduced from E-
4 to E-1; his DD Form 214 shows that he was involuntarily discharged and
ineligible for reenlistment without a waiver for some sort of disqualifying
condition.  The applicant does not have an AGCM and there is no written
notice of nonfavorable consideration available to the Board; however, given
the above, the Board presumes regularity and presumes the applicant was
disqualified from award of the AGCM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sap___  __jkr___  __dkh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                        Susan A. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001425                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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