RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002048


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 records to show
that he was awarded the Combat Infantryman Badge, the Army Achievement
Medal, and awarded several certificates of training and achievement.  He
also requests that his award of the Bronze Star Medal (BSM) with "V" Device
be retracted (removed).

2.  The applicant states, in effect, that concerning the BSM with the "V"
Device, he has too much respect for the award and for those who have
received it.  His actions were not heroic; he just tried to help his buddy,
who was the only hero that night.  He was a brave Soldier and a great
American.  He states that this BSM with "V" Device should be removed from
his records.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), a copy of orders awarding him the
BSM with "V" Device, the Combat Infantryman Badge, and the Army Achievement
Medal, and several certificates of training and achievement, in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  This
case is being considered using his DD Form 214. 

2.  The applicant’s DD Form 214 shows he entered active duty (AD) on
3 January 2003, as an indirect fire infantryman (11C).  He was promoted to
sergeant (SGT/E-5) effective 1 February 2005.  He continued to serve until
he was honorably released from active duty on 31 December 2005.  He was
transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 


3.  The applicant’s DD Form 214 shows he was awarded the Bronze Star Medal
with "V" Device, the Army Commendation Medal, the National Defense Service
Medal, the Army Service Ribbon, the Global War on Terrorism Service Medal,
the Iraq Campaign Medal, and two Overseas Service Bars.  His DD Form 214
does not show any additional awards.






4.  The applicant provided a copy of a certificate and an approved DA Form
638 (Recommendation for Award), which shows he was awarded the Bronze Star
Medal with "V" Device by Permanent Order Number 203-011D, dated 22 July
2005.  These orders and the certificate show that he was awarded the Bronze
Star Medal with "V" Device for valorous conduct while risking his life to
render assistance to a fellow Soldier while in contact with an enemy team
armed with machine guns, rifles, and rocket-propelled grenades on 11 March
2005.

5.  The applicant provides a copy of orders awarding him the Combat
Infantry Badge (sic), effective 23 January 2005, for the period of service
from 15 October 2004 to 15 September 2005, for having satisfactorily
performed infantry duties while engaged in combat during Operation Iraqi
Freedom.

6.  The applicant provides a copy of a certificate and an approved DA Form
638-1 from 2nd Squadron, 14th Cavalry, Fort Lewis, Washington, which shows
he was awarded the Army Achievement Medal for outstanding performance
during rattlesnake strike, NTC (National Training Center) 03-10, from 26
September 2003 through 20 October 2003, by Permanent Orders 10-319, dated
7 November 2003,

7.  The applicant provides several copies of certificates of achievement
and training which he was awarded while serving on active duty.

8.  The applicant provided course completion certificates for the Stryker
Mortar Carrier Operator NET Course and the Combat Life Saver Course (Combat
Lifesaver's Course).  The Stryker Mortar Carrier Operator NET Course was
completed on 29 August 2003 and consisted of 87 hours of training.  The
Combat Life Saver Course (Combat Lifesaver's Course) was conducted during
the period 23 to 27 February 2004, and was 1 week in length.  These courses
are designed to enhance a Soldier's combat skills.

9.  Item 18 (Remarks), of the applicant's DD Form 214, shows that he was
ordered to active duty in support of Operation Enduring Freedom/Iraqi
Freedom and service in Kuwait and Iraq from 14 October 2004 to 14 October
2005.








10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal is awarded in time of war for heroism
and for meritorious achievement or service.  As with all personal
decorations, formal recommendation, approval through the chain of
command, and announcement in orders is required.  Recommendations must be
made within 2 years of the event or period of service and the award must
be made within 3 years.  The bronze "V" device indicates act of heroism
involving conflict with an armed enemy.  The bronze oak leaf cluster is
awarded to denote the second and succeeding award of a certain
decoration, among which is the Bronze Star Medal.

11.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  It states, in pertinent part
that item 13 will reflect decorations, medals, badges, citations and
campaign ribbons awarded or authorized for all periods of service.
Certificates of achievement, letters of appreciation, and similar documents
are not recorded on the DD Form 214.
Item 14 (Military Education) will list in-service training courses of
40 hours or more; title, number of weeks, year successfully completed
during this period of service e.g., medical, dental, electronics, supply,
administration, personnel or heavy equipment operations.  This information
is to assist the member after separation in job placement and counseling;
therefore, training courses for combat skills will not be listed.

12.  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.  The message also states
that under no condition will any Soldier in the United States receive this
award.


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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Bronze
Star Medal with "V" Device for valorous conduct while risking his life to
render assistance to a fellow Soldier while in contact with an enemy team
armed with machine guns, rifles, and rocket-propelled grenades on 11 March
2005.  However, there is no regulatory provision for the retraction or
removal of an award that was made for heroism involving conflict with an
armed enemy.

2.  The evidence of records shows that the applicant was awarded the Combat
Infantryman Badge and the Army Achievement Medal.  Therefore, he is
entitled to correction of his records to show these awards. 

3.  The evidence of record shows that the applicant was awarded several
certificates of achievement.  However, in accordance with the governing
regulation, acknowledgement of receipt by a Soldier of a certificate of
achievement is not recorded on the DD Form 214.

4.  The Stryker Mortar Carrier Operator NET Course the applicant completed
is designed to enhance a Soldier's combat skills.  Training courses for
combat skills will not be listed on the DD Form 214.

5.  The Combat Life Saver Course (Combat Lifesaver's Course), which the
applicant completed during the period 23 to 27 February 2004, encompasses
other than Soldier survival skills and is authorized to be listed in item
14 (Military Education), of the applicant's DD Form 214.

6.  The evidence of record shows that the applicant qualified for award of
the Global War on Terrorism Expeditionary Medal by reason of his service in
support of Operation Iraqi Freedom.  He is entitled to correction of his
records to show this award.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___T____  __EM___  __CD___   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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected

      a.  by showing that he was awarded the Combat Infantryman Badge, the
Army Achievement Medal, and the Global War on Terrorism Expeditionary
Medal; and


      b.  by showing the entry "Combat Life Saver Course (Combat Lifesaver's
Course), 1 week, February 2004" in item 14 (Military Education), of his DD
Form 214.

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
removal of the Bronze Star Medal with "V" Device from item 13 (Decoration,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of
the applicant's DD Form 214 and addition of the Stryker Mortar Carrier
Operator NET Course to item 14 (Military Education), of his DD Form 214.




                                  ____Marla J. N. Troup______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060002048                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20051231                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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