RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060003028


      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. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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 DD Form 214
(Certificate of Release or Discharge From Active Duty) to show his
deployment to Kuwait.  He also requests, in effect, award of any unit
awards to which he may be entitled.

2.  The applicant states, in effect, that he was deployed to Kuwait in
support of Operation Lucky Warrior.  There was no comment on his DD Form
214 pertaining to his deployment to Kuwait in support of Operation Lucky
Warrior, which turned into Operation Iraqi Freedom.  He also states that
when he retired, his unit was still deployed to Iraq and he did not receive
any unit awards before he retired.

3.  The applicant provides copies of his deployment orders, his DD Form
214, and returning flight information, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army,
in pay grade E-1, effective 11 January 1983.

2.  The applicant's records show he served in Korea from 9 September 1987
to 3 September 1988 and 30 September 1997 to 1 September 1998.

3.  The applicant's last Non-Commissioned Officer Evaluation Report for the
period May 2002 through February 2003, shows he was assigned to
Headquarters and Headquarters Detachment, Engineer Brigade, Fort Stewart,
Georgia.  His rater stated, he served flawlessly as the section Non-
Commissioned Officer in Charge directing the section through three division-
level exercises and a contingency deployment.

4.  The applicant's records show he was deployed in support of Operation
Lucky Warrior to Kuwait on or about 2 January and returned on or about 7
February 2003.  He was assigned to Headquarters and Headquarters Company
(HHC), 3rd Infantry Division, Central Command (CENTCOM).  The HHC, 3rd
Infantry Division, was not recommended for any unit awards during the
applicant's deployment to Kuwait.

5.  The applicant was separated from active duty for sufficient service for
retirement, in pay grade E-8, effective 31 October 2003, and was
transferred to the Retired Reserve.

6.  The DD Form 214 issued to him on his separation date shows his foreign
service in Block 12f as 3 years, 3 months, and 2 days.  The DD Form 214
also lists the following awards:  the Meritorious Service Medal (2nd
Award), the Army Commendation Medal (5th Award), the Army Achievement Medal
(4th Award), the Meritorious Unit Commendation, the Good Conduct Medal (6th
Award), the National Defense Service Medal (2nd Award), the Humanitarian
Service Medal, the Non-Commissioned Officer Professional Development Ribbon
with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (3rd
Award), the Army (Retired) Lapel Button, the Expert Marksmanship
Qualification Badge (Rifle), the Sharpshooter Marksmanship Qualification
Badge (Pistol), the Parachutist Badge, and the Air Assault Badge.

7.  Block 18 (Remarks) does not show an entry to indicate the applicant was
deployed to Kuwait.

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
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.  Initial award of the Global War on Terrorism Expeditionary Medal is
limited to Soldiers deployed abroad in operations Enduring Freedom and
Iraqi Freedom in the following Department of Defense designated specific
geographic areas of eligibility:  Afghanistan, Bahrain, Bulgaria (Bourgas),
Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran,
Iraq, Israel, Jordan, Kazakhstan,
Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania
(Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35
degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan,
Yemen, that portion of the Arabian Sea north of 10 degrees north latitude
and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of
Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea
east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz,
and Suez Canal.  To be eligible for the Global War on Terrorism
Expeditionary Medal a Soldier must be assigned, attached or mobilized to a
unit participating in designated operations for 30 consecutive days or 60
nonconsecutive days.

10.  Award of the Global War on Terrorism Service Medal is authorized to
Soldiers who have participated in or served in support of Global War on
Terrorism operations outside of the designated area of operations as
outlined in the paragraph above.  Initial award of the Global War on
Terrorism Service Medal will be limited to airport security operations
(from 27 September 2001 through 31 May 2002) and Soldiers who supported
Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.  As with the
Global War on Terrorism Expeditionary Medal, a Soldier must have served
30 consecutive, or 60 nonconsecutive days.  HRC Awards Branch personnel
have advised that the Global War on Terrorism Service Medal has been
awarded, and will continue to be awarded, to all Army personnel who serve
on active duty for 30 consecutive days, or more, regardless of where they
serve (the same criteria as the National Defense Service Medal).

11.  Headquarters, U.S. Army Human Resources Command (HRC) message, dated
17 March 2004, announced implementing instructions for the Global War on
Terrorism Expeditionary Medal and the Global War on Terrorism Service
Medal.  The message states, in pertinent part, that these medals will be
awarded to recognize members of the armed forces of the United States
serving in or in support of Global War on Terrorism operations, on or after
11 September 2001, to a date to be determined.

12.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) members of the armed forces must have served
in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

13.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates 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 support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Kuwait from
2 January to 7 February 2003 and is entitled to correction to his DD Form
214, dated 31 October 2003, Block 18 (Remarks) to show he served in Kuwait
from 2 January to 7 February 2003.

2.  Based on his service in Kuwait, he is also entitled to award of the
Global War on Terrorism Expeditionary Medal and the Global War on Terrorism
Service Medal based on his participation in Operation Iraqi Freedom.

3.  The evidence of records does not show the applicant's unit was
recommended for any unit awards during his period of service in Kuwait.
Therefore, he is not entitled to any unit awards.

4.  The evidence of record shows the applicant completed a qualifying
period of service in Korea and is entitled to award of the Korea Defense
Service Medal.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JCR__  __DWT__  ___WFC__ 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 all Department of the Army records of the individual
concerned be corrected:

      a.  by showing on his DD Form 214, Block 18 (Remarks) that his served
in Kuwait from 20030102 to 20030207;

      b.  by awarding him the Global War on Terrorism Expeditionary Medal,
the Global War on Terrorism Service Medal, and the Korean Defense Service
Medal; and

      c.  by providing him a separation document with these corrections.

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
award of any unit awards for his deployment to Kuwait.




                                  _____William F. Crain______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003028                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.01                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]