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ARMY | BCMR | CY2006 | 20060001696C070205
Original file (20060001696C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060001696


      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             |
|     |Ms. Maria C. Sanchez              |     |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, correction of his separation
document to show award of the Army Achievement Medal with First Oak Leaf
Cluster and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states, in effect, that his records were incomplete at
the time of his separation.  He further states that at the time of his
discharge, service in Guantanamo Bay, Cuba, did not qualify for award of
the Global War on Terrorism Expeditionary Medal.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) covering the period 21 August 1998
through 20 August 2002; a DD Form 214 covering the period 5 August 2003
through 18 July 2004; a DD Form 215 (Correction to Certificate of Release
or Discharge from Active Duty), dated 29 October 2002; a DA Form 638
(Recommendation for Award), dated 4 May 2004; an Army Achievement Medal
Certificate for the period 5 August 2003 through 28 June 2004; a DA Form
638, dated 13 April 2002; an Army Achievement Medal Certificate for the
period 10 April 2002 through 13 April 2002; Massachusetts National Guard
Office of the Adjutant General Orders Number 212-418, dated 31 July 2003;
Headquarters, United States Army Fort Dix Permanent Order Number 248-002,
dated 5 September 2003; and an excerpt from the Army Times, dated 21
November 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 21 August 1998 for a period of
four years.  After completion of basic and advanced individual training, he
was awarded military occupational specialty 11B (Infantryman).  He served
in Kosovo during the period 21 November 2001 through 22 May 2002.  The
applicant was honorably separated on 20 August 2002.

2.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded
the North Atlantic Treaty Organization (NATO) Medal, the Army Achievement
Medal, the National Defense Service Medal, the Kosovo Campaign Medal, the
Army Service Ribbon, the Marksman Marksmanship Qualification Badge with
Rifle Badge, the Marksman Marksmanship Qualification Badge with Grenade
Bar, the Air Assault Badge, and the Army Lapel Button.

3.  The DD Form 215, dated 29 October 2002, shows he was awarded the Good
Conduct Medal.

4.  The applicant enlisted in the Army National Guard on 21 August 2002 for
a period of three years.  He was ordered to active duty on 5 August 2003.

5.  The applicant's DD Form 214 covering the period 5 August 2003 through
18 July 2004, shows he was awarded the Army Achievement Medal, the Army
Good Conduct Medal, the National Defense Service Medal, the Kosovo Campaign
Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve
Medal with "M" Device, the Army Service Ribbon, the NATO Medal, and the Air
Assault Badge.  This form does not show award of the Army Achievement Medal
with First Oak Leaf Cluster or the Global War on Terrorism Expeditionary
Medal.

6.  Massachusetts National Guard Office of the Adjutant General Orders
Number 212-418, dated 31 July 2003, ordered the applicant to active duty as
a member of Company A, 1/181st Infantry Battalion to support the
contingency Operation Enduring Freedom.

7.  Headquarters, United States Army Fort Dix [Fort Dix, New Jersey]
Permanent Order Number 248-002, dated 5 September 2003, ordered Company A,
1/181st Infantry Battalion for a OCONUS [Outside the Continental United
States] deployment in support of Operation Enduring Freedom and assigned to
the Joint Task Force GITMO, Guantanamo Bay Naval Base, Guantanamo Bay,
Cuba, effective 6 September 2003.

8.  Annex A1 of Headquarters, United States Army Fort Dix Permanent Order
Number 248-002, dated 5 September 2003, lists the applicant's name as one
of the Soldiers mobilized to Guantanamo Bay, Cuba.

9.  The applicant submitted a DA Form 638, dated 4 May 2004, recommending
him for award of the Army Commendation Medal with First Oak Leaf Cluster
for exceptionally meritorious service during the period 5 August 2003
through 28 June 2004.

10.  Item 21 (Proposed Citation) of the DA Form 638 shows the following
citation: "For meritorious service while serving as a Team Leader in A
Company 1-181 in (L), SGT [applicant's name] distinguished himself by his
exceptional performance in support of the Global War on Terror and
Operation Enduring Freedom at
Guantanamo Bay, Cuba.  His actions bestow great credit upon himself, the 1-
181 IN [Infantry] (L), and the United States Army."  This form further
shows the award was approved on 10 May 2004 by Headquarters, 1/181st
Infantry (L) Permanent Orders Number 131-5.

11.  Human Resources Command Message (Date Time Group 23 September 2005)
provided the additions to the designated area of eligibility (AOE) for
award of the Global War on Terrorism Expeditionary Medal.  This message
states that the Office of the Under Secretary of Defense had approved
Colombia and Guantanamo Bay, Cuba as additions to the designated AOE for
award of the Global War on Terrorism Expeditionary Medal.  Soldiers serving
in these areas on or after 11 September 2001 in support of Global War on
Terrorism operations (Operation Enduring Freedom and Operation Iraqi
Freedom) and who meet the criteria are authorized to be awarded the Global
War on Terrorism Expeditionary Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army Achievement Medal with First
Oak Leaf Cluster and the Global War on Terrorism Expeditionary Medal.

2.  Permanent Orders awarded the applicant the Army Achievement Medal with
First Oak Leaf Cluster for meritorious service.  Therefore, he is entitled
to correction of his records to show this award.

3.  Evidence shows the applicant's unit was ordered to active duty and
assigned to Guantanamo Bay, Cuba in support of Operation Enduring Freedom.
Human Resources Command Message, dated 23 September 2005, shows that
Guantanamo Bay, Cuba has been added as a designated AOE for award of the
Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is
entitled to correction of his service records to show award of the Global
War on Terrorism Expeditionary Medal.

BOARD VOTE:

__LDS___  _AM____  _PMS___  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
awarding the Army Achievement Medal with First Oak Leaf Cluster and the
Global War of Terrorism Expeditionary Medal.




                                     __Linda D. Simmons______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001696                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.  71                  |107.0025.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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