RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060005684


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 discharge document
to show award of the Meritorious Service Medal and Combat Action Badge.

2.  The applicant states, in effect, that he received orders for the
Meritorious Service Medal and Combat Action Badge after he received his
discharge document.  As a result, they were not recorded on his discharge
document.

3.  The applicant provides a copy of a DA Form 638 (Recommendation for
Award), dated 30 June 2005, and Headquarters, 1st Cavalry Division, Fort
Hood, Texas, Permanent Orders Number 285-185, dated 12 October 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 November 2005, the date he retired from active duty.  The
application submitted in this case is dated 5 April 2006.

2.  The applicant's military service records show that he enlisted in the
U.S. Army and entered active duty on 15 November 1984.  He served
continuously on active duty, attained the grade and rank of sergeant first
class/pay grade E-7, and held military occupational specialty (MOS) 45K (U1
Armament Repairer).

3.  The applicant's military service records show that he served in Saudi
Arabia and participated in the Southwest Asia Cease Fire from 5 June 1991
to 1 August 1991 and also served in support of Operation Iraqi Freedom from
12 March 2004 to 12 March 2005.  The applicant was honorably discharged on
30 November 2005 and transferred to the U.S. Army Reserve Control Group
(Retired) after serving on active duty for a total of 21 years and 16 days.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from
Active Duty), with an effective date of 30 November 2005, shows Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized), coupled with Item 18 (Remarks), that he was awarded the Army
Commendation Medal (4th Award), Army Achievement Medal (5th Award), Joint
Meritorious Unit Award, Army Superior Unit Award, Good Conduct Medal (7th
Award), National Defense Service Medal (2nd Award), Korea Defense Service
Medal, Southwest Asia Service Medal, Humanitarian Service Medal,
Noncommissioned Officer Professional Development Ribbon with Numeral 3,
Overseas Service Ribbon (3rd Award), Kuwait Liberation Medal (Saudi
Arabia), Kuwait Liberation Medal (Kuwait), U.S. Army Recruiter
Identification Badge (3rd Award), Driver and Mechanic Badge, Global War on
Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal.

5.  In support of his application the applicant provides a copy of DA Form
638, dated 30 June 2005, that shows he was recommended by his company
commander for award of the Legion of Merit for the period 30 November 1995
to 1 December 2005 based upon his retirement from the Army.  This document
also shows, in pertinent part, that the applicant's battalion commander and
brigade command both recommended downgrade of the award to the Meritorious
Service Medal.  This document further shows, in pertinent part, that the
approving authority, the major general in command of the 1st Cavalry
Division, downgraded the award to a Meritorious Service Medal.  This
document also shows that award of the Meritorious Service Medal to the
applicant was announced in Headquarters, 1st Cavalry Division, Fort Hood,
Texas, Permanent Order Number 250-01, dated 7 September 2005.  The
applicant also provides copy of Headquarters, 1st Cavalry Division, Fort
Hood, Texas, Permanent Orders Number 285-185, dated 12 October 2005.  This
document shows, in pertinent part, that the applicant was awarded the
Combat Action Badge for being personally present and actively engaging or
being engaged by enemy fire to liberate Iraq, on 19 August 2004, in support
of Operation Iraqi Freedom II.

6.  Army Regulation 600-8-22 (Military Awards), paragraph 1-21, governs
recognition upon retirement.  Specifically, this paragraph states that each
individual approaching retirement may be considered for an appropriate
decoration based on his or her grade, years of service, degree of
responsibility, and manner of performance.  For meritorious service awards
at retirement, this paragraph also permits inclusion of service longer than
that served within the command recommending the award.  The regulation
recommends that these periods not exceed 10 years and states that an
extended period should only be considered in those cases where the length
or nature of the individual’s terminal assignment would not qualify him or
her for an appropriate award.

7.  Paragraph 1-19 of Army Regulation 600-8-22 governs interim awards and
awards of a lesser decoration and provides, in pertinent part, that the
authority taking final action may award the decoration recommended, award a
lesser decoration, or disapprove award of any decoration.

8.  Army Regulation 600-8-22, paragraph 3-10, states, in pertinent part,
that the Legion of Merit is awarded to individuals who distinguish
themselves by exceptionally meritorious conduct in the performance of
outstanding services and achievements.  The performance must merit
recognition of key individuals for service rendered in a clearly
exceptional manner.  Performance of duties normal to the grade, branch,
specialty or assignment and experience of an individual is not an adequate
basis for this award.  In peacetime, service should be in the nature of a
special requirement or an extremely difficult duty performed in an
unprecedented and clearly exceptional manner.  However, justification may
accrue by virtue of exceptionally meritorious service in a succession of
important positions.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

9.  Army Regulation 600-8-22, paragraph 3-14 provides, in pertinent part,
that the Meritorious Service Medal is awarded to members of the Armed
Forces of the United States or of a friendly foreign nation who distinguish
themselves by outstanding meritorious achievement or service in a noncombat
area.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

10.  Headquarters, Department of the Army, Washington, District of
Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the
Combat Infantryman Badge and the Combat Medical Badge and the Establishment
of the Combat Action Badge, states that on 2 May 2005, the Chief of Staff,
Army, approved the creation of the Combat Action Badge to provide special
recognition to Soldiers who personally engage, or are engaged by the enemy.
 The requirements for award of the Combat Action Badge provide that it may
be awarded to any Soldier (Branch and MOS immaterial); the Soldier must be
performing assigned duties in an area where hostile fire pay or imminent
danger pay is authorized; the Soldier must be personally present and
actively engaging or being engaged by the enemy, and performing
satisfactorily in accordance with the prescribed rules of engagement; and
the Soldier must not be assigned/attached to a unit that would qualify the
Soldier for the Combat Infantryman Badge or Combat Medical Badge.  Award of
the Combat Action Badge is authorized from 18 September 2001 to a date to
be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should
be corrected to show that he was awarded the Meritorious Service Medal and
Combat Action Badge because he received orders, but the awards are not
recorded on his DD Form 214.

2.  The evidence of record shows that the applicant was awarded the
Meritorious Service Medal based upon his meritorious service from 30
November 1995 to
1 December 2005.  Therefore, he is entitled to correction of his records to
show this award.

3.  The evidence of record shows that the applicant was awarded the Combat
Action Badge for being personally present and actively engaging or being
engaged by enemy fire to liberate Iraq, on 19 August 2004, in support of
Operation Iraqi Freedom II.  Therefore, he is entitled to correction of his
records to show this badge.

BOARD VOTE:

___LDS__  ___PHM_  ___DWS_  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
adding to Item 13 of the applicant's DD Form 214 the Meritorious Service
Medal and Combat Action Badge.




                                  _____Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005684                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20051130                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 12                  |
|DISCHARGE REASON        |Sufficient Service for Retirement       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0017.0000                           |
|2.                      |107.0143.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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