RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060007754


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |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 foreign
service, the Joint Task Force Ribbon, and additional awards for support of
the Global War on Terrorism.

2.  The applicant states, in effect, his DD Form 214 does not list his
foreign service and the Joint Task Force Ribbon.  He served in Panama in
1994 for approximately 6 months.  He also served in Kuwait for about 6
months in 1995-1996.  For both assignments he received additional pay for
hazardous duty.  Without proof, he can not establish eligibility for the
Gulf War Protocol Examination from the Veterans Administration Medical
Center.  His personnel file and his finance records should support his
service in both Panama and Kuwait.  He also states that he was never
overseas anywhere else while in the service.  He believes he should not be
discriminated against just because he was sent on temporary duty instead of
on a permanent change of station.

3.  The applicant provides copies of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 May 1997, the date of his discharge from active duty.
The application submitted in this case is dated 24 May 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he enlisted in the Delayed Entry
Program, in pay grade E-1, on 13 April 1992.  He enlisted in the Regular
Army on 8 May 1992.  He was advanced to pay grade E-3 on 8 March 1993 and
to pay grade E-4 on 8 July 1994.

4.  The applicant’s Personnel Qualification Record – Part II and his
records do not show he served in Panama, Kuwait, or in support of the
Global War on Terrorism during his period of service.  It also does not
show he was awarded the Joint Task Force Ribbon.

5.  The applicant was released from active duty for completion of required
active service, in pay grade E-4, on 7 May 1997, and was transferred to the
United States Army Reserve (USAR) Control Group (Reinforcement).

6.  The DD Form 214 issued to him on his release date shows zero credit of
service time in Item 12f (Foreign Service) and no entry in Item 18
(Remarks) to show he was deployed in Panama and Kuwait.  The DD Form 214
also lists the following awards:  the Army Lapel Button, the National
Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship
Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

7.  The Soldier Management System, Office of Promotions, Human Resources
Command, St. Louis, Missouri, shows the applicant was discharged from the
USAR on 1 April 2000, at the expiration of his USAR service obligation.

8.  There is no indication in the applicant's service records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.

9.  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.

10.  A review of Army Regulation 600-8-22 (Military Awards) failed to
identify the existence of a "Joint Task Force Ribbon" in the Army's Awards
Programs.

11.  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.

12.  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).

13.  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.

14.  Army Regulation 600-8-22 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.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Panama, Kuwait, and in support of
the Global War on Terrorism during his period of service from 8 May 1992 to
7 May 1997.  However, there is no evidence in his active duty and USAR
records, and the applicant has failed to provide compelling evidence, to
show when he actually served in Panama, Kuwait, and in support of the
Global War on Terrorism.  There is no evidence that the Joint Task Force
Ribbon exists in the Army's Awards Program.  There also is no evidence he
was awarded a Joint Task Force Ribbon. Therefore, he is not entitled to
correction to his DD Form 214, Items 12f and 18, and awards in support of
the Global War on Terrorism.

2.  The evidence of record shows that the applicant completed a qualifying
period of service for award of the Good Conduct Medal on 7 May 1995.  There
is no evidence his commander ever disqualified him from receiving the award
and no evidence of any misconduct which would justify denying him the
award.  In view of the foregoing, it is concluded that the applicant met
the basic qualifications for award of the Army Good Conduct Medal and it
would be appropriate and in the interest of equity to award him that
decoration for the period 8 May 1992 to 7 May 1995.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 May 1997; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 May 2000.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JMM_  ___PMS_  __KAN__  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding him the Good
Conduct Medal for the period 8 May 1992 to 7 May 1995 and providing him a
corrected separation document listing this award.

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
Items 12f (Foreign Service) and 18 (Remarks) of his DD Form 214, a Joint
Task Force Ribbon, and awards in support of the Global War on Terrorism.




                                  _____Kathleen Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007754                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |100.00                                  |
|3.                      |107.00                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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