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ARMY | BCMR | CY2006 | 20060002868C070205
Original file (20060002868C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060002868


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. 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, in effect, correction to his Foreign Service
time in Block 12f (Foreign Service) of his DD Form 214 (Certificate of
Release or Discharge From Active Duty).

2.  The applicant states, that his DD Form 214 does not show he served in
Iraq and Kuwait from 16 April 2003 to 5 April 2004.   Block 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) shows his campaign ribbons awarded.

3.  The applicant provides copies of his FD MPD 2306 (United States Army
Reserve (USAR) Active Guard and Reserve (AGR) End of Tour Report), his DD
Form 214, and his orders for the Good Conduct Medal, in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the USAR, in pay
grade
E-1, effective 5 June 1995, for 8 years.

2.  He accepted an AGR tour and entered on active duty effective 14 October
2001.

3.  He continued to serve on active duty in support of Operation
Enduring/Iraqi Freedom from 16 April 2003 to 5 April 2004.  He served with
the 733rd Transportation Company in Tikrit, Iraq.

4.  The applicant submits his FD MDP 2306, dated 12 April 2004, that lists
he served in Iraq and Kuwait from 16 April 2003 to 5 April 2004, served in
the designated imminent danger pay areas, and received the following
awards:  the National Defense Service Medal, the Armed Forces Reserve Medal
with "M" Device, the Global War on Terrorism Expeditionary Medal, the Army
Commendation Medal, and the Driver and Mechanic Badge.

5.  He was discharged from active duty, in pay grade E-5, effective 13
October 2004.  The DD Form 214 issued to him on his separation date shows
his foreign service in Block 12f as zero years, zero months, and zero days.
 The DD Form 214 also lists the following award:  the Army Achievement
Medal, the Army Reserve Components Achievement Medal (2nd Award), the
National Defense

Service Medal, the Noncommissioned Officer Professional Development Ribbon,
the Army Service Ribbon, the Global War on Terrorism Service Medal, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  His records show he was issued Permanent Orders Number W-10-472496,
dated 25 October 2004, that lists his name for award of the Good Conduct
Medal (2nd Award) for exemplary behavior, efficiency, and fidelity in
active federal service for the period 13 October 2001 to 13 October
2004[sic].

7.  Block 13 of his DD Form 214, does not list the Good Conduct Medal (2nd
Award), the Armed Forces Reserve Medal with "M" Device, the Global War on
Terrorism Expeditionary Medal, the Army Commendation Medal, and the Driver
and Mechanic Badge.  Block 18 (Remarks) does not show the entry "Service in
Iraq from 20030416 - 20040405."

8.  Army Regulation 635-5, prescribes the policies and procedures regarding
separation documents.  The regulation specifies that a DD Form 214 will be
prepared for individuals who are retired, discharged, or released from
active military service.  This regulation also specifies that the total
amount of Foreign Service completed, for the period covered by the DD Form
214, will be shown.  Foreign Service performed during the period covered by
the DD Form 214 will be entered in item 12f.  The regulation also states
that the amount of Foreign Service will be taken from the Soldier’s
Enlisted Qualification Record or, if necessary, verified from the Soldier’s
Military Personnel Records Jacket.  However, for active duty Soldiers
deployed with their unit during their continuous period of active service,
the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates for
example, YYYYMMDD-YYYYMMDD) will be entered in Item 18 of the DD Form 214.


9.  Army Regulation 600-8-22, in pertinent part, provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  After 27 June 1950 to the present time, the current
standard for award of the Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Iraq and Kuwait
from 16 April 2003 to 5 April 2004, a period of 11 months and 20 days.
Therefore, he is entitled to correction to his DD Form 214, Block 12f, to
show 11 months and 20 days.  Correction to Block 12f does not require any
adjustment to the other blocks in Block 12 (Record of Service).

2.  Based on his service in Iraq and Kuwait, the applicant is also entitled
to correction to Block 18 to read, "Service in Iraq from 20030416 -
20040405."

3.  The evidence of record also shows the applicant was awarded the Good
Conduct Medal (2nd Award), the Armed Forces Reserve Medal with "M" Device,
the Global War on Terrorism Expeditionary Medal, the Army Commendation
Medal, and the Driver and Mechanic Badge.  Therefore, it would be
appropriate to add these awards to his separation document at this time.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

_ROM__  __RML___  __ena___  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:

      a.  by showing on his DD Form 214, Block 12f (Foreign Service) that
he served 11 months and 20 days;

      b.  by showing on his DD Form 214, Block 18 (Remarks) " Service in
Iraq from 20030416 - 20040405"; and


      c.  by showing that he was awarded the Good Conduct Medal (2nd Award),
the Armed Forces Reserve Medal with "M" Device, the Global War on
Terrorism Expeditionary Medal, the Army Commendation Medal, and the Driver
and Mechanic Badge, and providing him a correction to his separation
document that includes these corrections, awards, and badges.




                                  _____Eric N. Anderson _______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002868                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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