RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 January 2007
      DOCKET NUMBER:   AR20060008113


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Roland Venable                |     |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 that his report of separation (DD Form 214) be
corrected to reflect awards of the Combat Infantryman Badge (CIB), the
Expert Infantryman Badge (EIB), the Ranger Tab, the Overseas Service Bar,
the Army Commendation Medal (ARCOM), and any other awards to which he is
entitled.

2.  The applicant states, in effect, that he believes he is entitled to
have those awards reflected on his records because he deployed in support
of Operations Enduring Freedom and Iraqi Freedom on multiple occasions.

3.  The applicant provides a copy of his DD Form 214, copies of orders
awarding him the EIB, the  Ranger Tab, the ARCOM for the period of 12
through 27 February 2003 and memorandums for record from his unit
indicating that he deployed to Afghanistan during the period of 29 December
2001 to 6 April 2002 in support of Operation Enduring Freedom, that he
deployed from 22 September through 25 October 2002 in support of Operation
Enduring Freedom, that he deployed from 12 March through 28 April 2003 and
30 March through 3 July 2004 in support of Operation Iraqi Freedom, and
that he is entitled to one Overseas Service Bar.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records, though somewhat incomplete, show that he was
born on 30 December 1976 and enlisted in the Regular Army in Buffalo, New
York on 15 September 2000.  He successfully completed his one-station unit
training (OSUT) and airborne training at Fort Benning, Georgia and was
awarded the military occupational specialty of a light weapons infantryman.
 He completed his ranger training at Fort Benning and was awarded the
Ranger Tab on 13 September 2002.  Upon completion of his ranger training he
was transferred to Hunter Army Airfield, Georgia, where he was assigned to
A Company, 1st Battalion, 75th Ranger Regiment.

2.  On 9 April 2002, he was awarded the ARCOM for the period of 29 December
2001 to 5 April 2002 for meritorious achievement as a rifleman in combat
operations in Afghanistan.

3.  He deployed in support of Operation Enduring Freedom during the period
of 22 September through 25 October 2002.  He was advanced to the pay grade
of E-4 on 15 October 2002 and was awarded the EIB on 27 February 2003.




4.  He deployed in support of Operation Iraqi Freedom during the period of
12 March through 28 April 2003 and he was promoted to the pay grade of E-5
on 1 February 2004.  He deployed in support of Operation Enduring Freedom
during the period of 30 March through 3 July 2004.

5.  On 19 April 2005, he was discharged under honorable conditions in the
pay grade of E-1, under the provisions of Army Regulation 635-200,
paragraph      14-12C(2) for misconduct.  He had served 4 years, 7 months,
and 5 days of total active service and his DD Form 214 issued at the time
of his discharge indicates that he was awarded the National Defense Service
Medal, the Global War on Terrorism Expeditionary Medal, the Global War on
Terrorism Service Medal, the Noncommissioned Officer Professional
Development Ribbon, the Army Service Ribbon, and the Parachutist Badge.

6.  A review of the available records shows that the applicant was deployed
for 14 months in support of Operations Enduring Freedom and Iraqi Freedom
as qualifications for the Overseas Service Bars are calculated.  However,
his records fail to show that he was ever engaged in combat or that he was
awarded the CIB.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.

8.  Army Regulation 670-1 (Uniforms and Insignia), governs the requirements
for the Overseas Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States for
the specific time frames and areas of operation cited in Army Regulation
670-1 or appropriate Department of the Army message.  There are special
provisions regarding authorization for the Overseas Service Bar for service
in a hostile fire zone and for combining service to calculate award of the
bars.  The provision in effect at the time provides that one overseas
service bar is authorized for each 6-month period of service as a member of
a United States service participating in Operations Enduring Freedom and
Iraqi Freedom.  Service for a period less than 6 months in duration may be
combined with other periods that meet the requirements for award of the
overseas service bar to determine the total number of overseas service bar
authorized.  Any portion of a month served counts as a whole month.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded the
EIB, the Ranger Tab, and the ARCOM.  Accordingly, those awards should be
added to his DD Form 214 at this time.

2.  The evidence also shows that the applicant was credited with 14 months
overseas in the area of operation in support of Operations Enduring Freedom
and Iraqi Freedom.  Therefore, he is entitled to the award of two overseas
service bars and to have those added to his DD Form 214 as well.

3.  However, the evidence of record fails to show that the applicant was
awarded the CIB or that he is entitled to be awarded the CIB.  Therefore,
in the absence of evidence to show that he engaged the enemy in combat
during his role as an infantryman in support of Operations Enduring Freedom
and Iraqi Freedom, there appears to be no basis to award him the CIB at
this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JM ___  ___WP__  ___RV_ _  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 showing that he was awarded the EIB, the Ranger
Tab, the ARCOM, and by awarding him two overseas service bars.

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 if the CIB.



                                  _____   John Meixell________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060008113                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |46/de                                   |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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