RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060005514


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 his rank as master sergeant
(MSG), E-8. He also requests correction of his DD Form 214 to show award of
the Combat Action Badge (CAB) and the Bronze Star Medal (BSM).

2.  The applicant states that the date was an error which occurred at Fort
Dix, New Jersey on 11 October 2005.  He states that his awards came after
he was separated.

3.  The applicant provides his DD Form 214 for the period ending 11 October
2005; orders awarding him the CAB; orders awarding him the BSM; orders
promoting him to MSG, E-8; and orders revoking Headquarters, 3rd Infantry
Division Orders 189-44, dated 8 July 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in support of Operation Iraqi Freedom.

2.  After having had prior service in the Regular Army and the U.S. Army
Reserve Control Group (Reinforcement), he enlisted in the New York Army
National Guard on 11 May 1983.

3.  He was promoted to sergeant first class on 27 June 1994.

4.  The applicant was ordered to active duty on 15 May 2004 in support of
Operation Iraqi Freedom.  He was assigned to Iraq on 4 October 2004.

5.  Office of The Adjutant General, Joint Force Headquarters, Latham, New
York Orders Number 303-1019, dated 29 October 2004, promoted the applicant
to MSG, E-8 with an effective date and date of rank of 1 October 2004.

6.  Headquarters, 3rd Infantry Division, Camp Liberty, Bagdad, Iraq
Permanent Orders Number 232-45, dated 20 August 2005, awarded the applicant
the CAB for service on 30 January 2005.  His rank is shown as “MSG” on the
standard name line.

7.  He departed Iraq on 5 September 2005.

8.  Headquarters, United States Army Fort Dix, Orders Number 252-0030,
dated 9 September 2005, released the applicant from active duty with an
effective date of 11 October 2005.  His rank is shown as “SFC” on the
standard name line.

9.  The applicant submitted a copy of Headquarters, 3rd Infantry Division,
Camp Liberty, Bagdad, Iraq Permanent Orders Number 259-59, dated 16
September 2005, which shows his rank as “MSG” on the standard name line.

10.  Headquarters, 3d Infantry Division, Camp Liberty, Bagdad, Iraq
Permanent Orders Number 259-21, dated 16 September 2005, awarded the
applicant the BSM for meritorious service from 15 October 2004 to
15 September 2005.  His rank is shown as “MSG” on the standard name line.

11.  The applicant was released from active duty on 11 October 2005.  His
DD Form 214 for the period ending 11 October 2005 does not show the CAB,
the BSM, the Global War on Terrorism Expeditionary Medal (GWOTEM), the
Global War on Terrorism Service Medal (GWOTSM), or the Iraq Campaign Medal
as authorized awards.

12.  Item 4a (Grade, Rate or Rank) on the applicant’s DD Form 214 for the
period ending 11 October 2005 shows the entry “SFC.”

13.  Item 4b (Pay Grade) on the applicant’s DD Form 214 for the period
ending 11 October 2005 shows the entry “E07.”

14.  Item 12h (Effective Date of Pay Grade) on the applicant’s DD Form 214
for the period ending 11 October 2005 shows the effective date of pay grade
as 1 October 2004.

15.  He is currently serving in the Army National Guard in the rank of MSG,
E-8.

16.  On 23 October 2006, the applicant was notified by email that he was
eligible for the GWOTEM and the Iraq Campaign Medal for qualifying service
in Iraq; however, he could only receive one of these service medals in
recognition for his service in Iraq.  However, the applicant did not
respond within the allotted timeframe.

17.  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.

18.  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.

19.  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.

20.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.  Service stars are not prescribed for wear with this medal;
however, the Iraq Campaign Medal may be awarded with the bronze arrowhead
device to eligible Soldiers.  Effective 30 April 2005, the GWOTEM is no
longer authorized to be awarded for service in Iraq; however, service
members who qualified for the GWOTEM by reason of service between 19 March
2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was
subsequently authorized shall remain qualified for the GWOTEM.  Upon
application, any such service member may be awarded the Iraq Campaign Medal
in lieu of the GWOTEM for such service; however, no service member shall be
entitled to award of the Iraq Campaign Medal and the GWOTEM for the same
act, achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  Orders Number 303-1019, dated 29 October 2004, show the applicant was
promoted to MSG, E-8 with an effective date and date of rank of 1 October
2004.

2.  The applicant’s DD Form 214 for the period ending 11 October 2005
incorrectly reflects his rank and pay grade as SFC, E-7.  However, the
effective date of pay grade is reflected as 1 October 2004, the date he was
promoted to MSG, E-8.

3.  As a matter of equity, it would be appropriate to amend the applicant’s
DD Form 214 for the period ending 11 October 2005 to show his rank and pay
grade as MSG, E-8.

4.  Orders show the applicant was awarded the CAB and the BSM; therefore,
these awards should be added to his DD Form 214 for the period ending
11 October 2005.

5.  The applicant served a period of qualifying service in Iraq in support
of Operation Iraqi Freedom for award of the GWOTEM and the GWOTSM.
Therefore, his DD Form 214 should be corrected to reflect these awards.

BOARD VOTE:

MP______  RR______  EF______  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 by:

      a.  amending item 4a on his DD Form 214 for the period ending
11 October 2005 to show the entry “MSG”;

      b.  amending item 4b on his DD Form 214 for the period ending
11 October 2005 to show the entry “E-8”;

      c.  adding the CAB, the BSM, the GWOTEM, and the GWOTSM to his
DD Form 214 for the period ending 11 October 2005.




                                  Margaret Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005514                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061109                                |
|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. Chun                                |
|ISSUES         1.       |131.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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