RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060004092


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 DD Form 214
(Certificate of Release or Discharge from Active Duty) to show award of the
Global War on Terrorism Service Medal (GWOTSM) and a second award of the
Army Achievement Medal.  He also requests all awards and decorations for
his service in Iraq.

2.  The applicant states he is applying for education benefits and his
service in Iraq does not appear on his DD Form 214.

3.  The applicant provides deployment orders; orders and an award
certificate for the Army Commendation Medal; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

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

2.  The applicant requested correction of his records to show a second
award of the Army Achievement Medal.  There are no orders or other evidence
authorizing this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request a second
award of the Army Achievement Medal under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.

3.  The applicant enlisted on 15 July 1999.  He served as a heavy
construction equipment operator in Kuwait and Iraq and was released from
active duty on
30 November 2003.

4.  The applicant's DD Form 214 shows the Army Achievement Medal, the Good
Conduct Medal, the National Defense Service Medal, the Army Service Ribbon,
the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, the
Marksman Marksmanship Qualification Badge with Rifle Bar, the Driver and
Mechanic Badge with Driver-W Bar, and the Driver and Mechanic Badge with
Operator-S Bar as authorized awards.

5.  In support of his claim, the applicant provided deployment orders,
dated
28 March 2002, which show he was deployed in support of Operation Enduring
Freedom to the U.S. Army Central Command area of responsibility.

6.  The applicant also provided a DA Form 638 (Recommendation for Award),
dated 23 October 2003, which states he served in Kuwait and was one of the
first Soldiers to enter Iraq.

7.  The applicant’s inclusive dates of service in Kuwait and Iraq are not
available. However, records at the Defense Finance and Accounting Service
(DFAS) show the applicant received hostile fire/imminent danger pay in
Kuwait from 1 April 2002 to 30 September 2002, 1 October 2002 to 31
December 2002, and
1 February 2003 to 31 July 2003.

8.  Headquarters, Garrison Command, Fort Rucker, Alabama, Permanent Order
Number 324-01, dated 20 November 2003, shows the applicant received the
Army Commendation Medal.

9.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTSM.  This award
is designated for Soldiers who have participated in or served in support of
Global
War on Terrorism Operations outside of the designated area of eligibility
determined for award of the GWOTEM on or after 11 September 2001 to a date
to be determined.  All Soldiers on active duty, including Reserve Component
Soldiers mobilized or National Guard Soldiers activated, on or after
11 September 2001 to a date to be determined having served 30 consecutive
days or 60 nonconsecutive days are authorized this award.

10.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTEM 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.

11.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the GWOTEM to Soldiers who deployed abroad in
Operations Enduring Freedom and Iraqi Freedom in the following areas of
eligibility (AOE):  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete,
Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq,
Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman,
Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia,
Syria, Tajikistan, Turkey (east of 35 east 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.

12.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is authorized for service in direct
support of Operation Iraqi
Freedom on or after 19 March 2003 to a future date to be determined by the
Secretary of Defense or the cessation of the operation.  The area of
eligibility encompasses all land area of the country of Iraq and the
contiguous sea area out to 12 nautical miles and the air space above these
areas.  To qualify for award of this campaign medal, service members must
have been assigned or attached to or mobilized with units operating in
these areas of eligibility for 30 consecutive days or for 60 non-
consecutive days or meet one of the following criteria:  a) be engaged in
combat during an armed engagement, regardless of the time in the area of
eligibility; b) be medically evacuated from the area of eligibility for
wounds or injuries resulting from participation in an operation or official
duties; or c)  participates as a regularly assigned air crewmember flying
sorties into, out of, within or over the area of eligibility in direct
support of the military operations [each day of operations counts as one
day of eligibility].  This campaign medal may be awarded posthumously.

13.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  The regulation states, in
pertinent part, that the total amount of foreign service completed during
the period covered by the DD Form 214 will be entered in item 12f.  The
regulation also 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 on the
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service for award of the
GWOTSM.
2.  The applicant served a period of qualifying service in Kuwait for award
of the GWOTEM.

3.  The applicant served a period of qualifying service in Iraq for award
of the Iraq Campaign Medal.

4.  Since the applicant’s inclusive dates of service in Kuwait and Iraq are
not available, items 12f and 18 on his DD Form 214 cannot be amended.

5.  Orders show the applicant received the Army Commendation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JM_____  __PF____  __RH___  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 by adding the GWOTSM, the GWOTEM, the Iraq Campaign
Medal, and the Army Commendation Medal to 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
amendment of items 12f and 18 on his DD Form 214 to show his inclusive
dates of service in Kuwait and Iraq.




                                  __John Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004092                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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