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ARMY | BCMR | CY2006 | 20060002769C070205
Original file (20060002769C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060002769


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show a second award of the Army
Commendation Medal and to show he completed the M95/96 Mortar Fire Control
System (MFCS) Training Course.  He also requests that his service in Iraq
from March 2004 to March 2005 be added to his DD Form 214.

2.  The applicant states, in effect, that these errors should be corrected
on his DD Form 214.

3.  The applicant provides a deployment manifest to Kuwait for November
2001; his award certificate for the ARCOM; a DA Form 638 (Recommendation
for Award); his temporary duty (TDY) orders for service in Kuwait; his TDY
orders for service in support of Operation Iraqi Freedom; unit attachment
orders to Headquarters, 3rd Brigade Combat Team, 1st Cavalry Division, Fort
Hood, Texas; and his Certificate of Training for completion of the M95/96
MFCS Training Course.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in support of Operation Enduring Freedom and Iraqi
Freedom.

2.  The applicant enlisted in the Regular Army on 24 May 2001 for a period
of three years.  He completed the required training and was awarded
military occupational specialty 11C (Indirect Fire Infantryman).

3.  The applicant’s DD Form 214 shows he served in Iraq and Kuwait from
18 November 2001 to 24 March 2002.

4.  The applicant completed the M95/96 MFCS New Equipment Training Course
from 3 February 2003 to 14 February 2003 at Fort Hood, Texas.

5.  Headquarters, 1st Cavalry Division, Fort Hood, Texas Permanent Order
Number 50-01, dated 19 February 2004, reassigned the applicant's unit,
3rd Brigade Combat Team, 1st Cavalry Division, to Iraq for deployment in
support of Operation Iraqi Freedom.  The orders show the unit would proceed
on or about 11 March 2004 for a period of 365 days or until the mission was
complete.

6.  The applicant was awarded the Army Commendation Medal for meritorious
service from 20 November 2001 to 30 June 2005 by Headquarters, 3rd Brigade,
1st Cavalry Division Permanent Orders Number 171-18, dated 20 June 2005.
A DA Form 638 dated, 5 February 2005, shows he was awarded one previous
award of the Army Commendation Medal.

7.  Information obtained from the Defense Finance and Accounting Service
(DFAS) on 30 August 2006 shows he received hostile fire pay from 23 March
2004 to 1 April 2005.

8.  The applicant was honorably released from active duty on 22 June 2005
at the completion of his required active service.

9.  His DD Form 214 shows the Army Lapel Button, the Army Commendation
Medal, the Global War on Terrorism Expeditionary Medal, the Global War on
Terrorism Service Medal, the Army Good Conduct Medal, the National Defense
Service Medal, the Army Service Ribbon, the Combat Infantryman Badge, and
the Driver and Mechanic Badge with Driver-T Bar as authorized awards.

10.  His DD Form 214 shows 4 months and 7 days of foreign service in item
12f (Foreign Service).

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Army
Commendation Medal.

12.  Army Regulation 635-5 (Separation Documents) directs that foreign
service performed during the period covered by the DD Form 214 will be
entered in item 12f.

13.  Army Regulation 635-5 states, in pertinent part, that the country and
dates of deployment for an active duty Soldier deployed with his or her
unit during their continuous period of active service will be shown in item
18 (Remarks).

14.  Army Regulation 635-5 states, in pertinent part, that item 14
(Military Education) will list formal in-service training courses of 40
hours or more successfully completed during the period of service covered
by title, length in weeks, and month and year completed.  This information
is to assist the Soldier after separation in job placement and counseling;
therefore, training courses for combat skills are not listed.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 currently reflects one award of the Army
Commendation Medal.  However, he was awarded a second award of the Army
Commendation Medal for meritorious service from 20 November 2001 to 30 June
2005.  Therefore, it would be appropriate to amend his DD Form 214 to show
the Army Commendation Medal (First Oak Leaf Cluster).

2.  The applicant completed the M95/96 MFCS New Equipment Training Course
in February 2003.  However, in accordance with Army Regulation 635-5,
training courses for combat skills are not listed on the DD Form 214.
Therefore, there is no basis for adding this course to his DD Form 214.

3.  Orders published by Headquarters, 1st Cavalry Division, Fort Hood,
Texas Permanent Order Number 50-01, dated 19 February 2004 deployed the
applicant's unit in support of Operation Iraqi Freedom.  His records at
DFAS show he received hostile fire pay from 23 March 2004 to 1 April 2005.

4.  Based on the evidence of record, it appears the applicant served in
support of Operation Iraqi Freedom during the period 23 March 2004 to 1
April 2005.  Therefore, it would be appropriate to amend item 18 on his DD
Form 214 to show the entry "SERVICE IN IRAQ FROM 20040323 TO 20050401."

5.  The applicant’s DD Form 214 currently reflects 4 months and 7 days of
foreign service in item 12f.  However, based on the correction in paragraph
4, above, item 12f on his DD Form 214 should be corrected to show an
additional 1 year and 9 days of foreign service, for a total of 1 year, 4
months and 16 days of foreign service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

EA______  RL______  RM______  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.  As a result, the Board
recommends that the DD Form 214 of the individual concerned be corrected
by:

      a.  deleting the Army Commendation Medal from item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized);

      b.  adding the Army Commendation Medal (First Oak Leaf Cluster) to
item 13;

      c.  adding the entry "SERVICE IN IRAQ FROM 20040323 TO 20050401" to
item 18; and

      d.  amending item 12f to show he served 1 year, 4 months, and 16 days
of foreign service.

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
showing he completed the M95/96 Mortar Fire Control System MFCS Training
Course.




                                  Eric Andersen_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002769                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0700                                |
|3.                      |100.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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