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ARMY | BCMR | CY2006 | 20060009482C071029
Original file (20060009482C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      29 March 2007
      DOCKET NUMBER:  AR20060009482


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, that the already-awarded Army
Commendation Medal, with oak leaf cluster and the Combat Action Badge be
added to his DD Form 214, Certificate of Release or Discharge from Active
Duty. The applicant also requests, in effect, that he be awarded the Armed
Forces Reserve Medal, with "M" Device, and that he be awarded the Iraq
Campaign Medal, in lieu of the already-awarded Global War on Terrorism
Expeditionary Medal.

2.  The applicant states, in effect, that the Combat Action Badge and the
Army Commendation Medal (his second award, in effect, the Army
Commendation Medal, with oak leaf cluster), were awarded after the DD
Form 214 was issued.  The awarding of the Global War on Terrorism
Expeditionary Medal to him, he states, was an administrative error.

3.  In support of his request, the applicant provides a copy of his DD
Form 214, with a release from active duty date of 11 August 2005; a copy
of Permanent Orders C241-29, prepared by Headquarters, US Army Civil
Affairs and Psychological Operations Command (Airborne), Fort Bragg,
North Carolina, dated 29 August 2005; a copy of a DA Form 4980-5, awards
certificate for the Army Commendation Medal [his first award], dated 23
April 1996; and a copy of a DA Form 4980-5, awards certificate for the
Army Commendation Medal [his second award], dated 1 July 2005.

CONSIDERATION OF EVIDENCE:

1.  The record shows the applicant enlisted in the US Army Reserve, Delayed
Entry/Enlistment Program on 26 October 1990.  On 2 November 1990, he
enlisted in the Regular Army.  He was honorably release from active duty on
1 August 1996, in the rank and pay grade Sergeant/E-5, at the completion of
his required active service.  Item 18 (Remarks), of the DD Form 214 he was
provided on his release from active duty shows after his initial enlistment
in the Regular Army, he had an immediate reenlistment on 2 August 1994.

2.  This DD Form 214 shows that on the date of his release from active
duty, the applicant had completed 5 years and 9 months active military
service with no days lost time.
3.  The DD Form 214 the applicant was issued on his release from active
duty shows, in Block 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized), during his Army service, he was
awarded:  the Army Lapel Button; the Joint Service Achievement Medal; the
Army Achievement Medal; the Army Good Conduct Medal; the National Defense
Service Medal; the Armed Forces Expeditionary Medal; the Southwest Asia
Service Medal, with two bronze service stars; the Noncommissioned Officer's
Professional Development Ribbon; the Army Service Ribbon; the Kuwait
Liberation Medal; the Kuwait Liberation Medal (K); the United Nations Medal
[for the mission in Haiti]; the Marksman Marksmanship Qualification Badge,
with Grenade Bar; the Marksman Marksmanship Qualification Badge, with
Automatic Rifle Bar; and the Driver and Mechanic Badge, with Driver-W Bar.
No other awards are shown on the applicant's DD Form 214.

4.  The evidence shows the applicant enlisted in the USAR, on 14 October
2003, for 6 year, as a member of the Selected Reserve.  On 13 July 2004, he
was ordered to active duty in support of Operation Iraqi Freedom.  He
served in Iraq from 7 September 2004 to 2 July 2005.  On 11 August 2005,
the applicant was released from active duty at the completion of his
required active service in the rank and pay grade, staff sergeant/E-6.

5.  The DD Form 214 the applicant was issued on his release from active
duty, on 11 August 2005, shows, in Block 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized), he was awarded:  the
Army Commendation Medal; the Joint Service Achievement Medal; the Army
Achievement Medal; the Air Force Achievement Medal; the Joint Meritorious
Unit Award; the Meritorious Unit Commendation; the Air Force Outstanding
Unit Award (2nd Award); the Army Good Conduct Medal; the National Defense
Service Medal; the Armed Forces Expeditionary Medal; the Global War on
Terrorism Expeditionary Medal; the Global War on Terrorism Service Medal;
the Southwest Asia Service Medal, with two bronze service stars; the Armed
Forces Service Medal; the Armed Forces Reserve Medal and Mobilization; the
Noncommissioned Officer's Professional Development Ribbon; the Army Service
Ribbon; the Air Force Longevity Service Award Ribbon; the Air Force
Training Ribbon; the Air Force Reserve Forces Meritorious Service Medal
(2nd Award), United Nations Medal; the Kuwait Liberation Medal; the Kuwait
Liberation Medal (K); and the Driver and Mechanic Badge, with Driver-W Bar.
 No other awards are shown on the applicant's DD Form 214.
6.  The Marksman Marksmanship Qualification Badge, with Grenade Bar; the
Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar, the
applicant was awarded during his Regular Army service were not transposed
to his DD Form 214, with an effective date of separation of 11 August
2005.

7.  The Armed Forces Reserve Medal, with "M" Device, the applicant has
requested he be awarded and added to his DD Form 214 already appears on
his DD Form 214, with an effective date of separation of 11 August 2005,
although it was incorrectly identified as the Armed Forces Reserve Medal
and Mobilization.

8.  The evidence shows the applicant completed the Primary Leadership
Development Course at the US Army Noncommissioned Officer Academy, Fort
Knox, Kentucky, on 21 April 1994.  The Noncommissioned Officer's
Professional Development Ribbon was included on his DD Form 214 on his
release from active duty on 1 August 1996.

9.  The applicant was awarded the Army Commendation Medal, for
exceptionally meritorious service, for the period from 24 February 1991 to
1 March 1996, by Permanent Orders Number 070-012, Headquarters, US Army
CASCOM&FL (Combined Arms Support Command and Fort Lee), Fort Lee, Virginia,
dated 29 April 1996.

10.  The applicant was awarded a second Army Commendation Medal, in effect,
the Army Commendation Medal, with oak leaf cluster, for exceptionally
meritorious service, for the period from 7 September 2004 to 11 June 2005,
by Permanent Orders Number 182-03, Headquarters, 278th Regimental Combat
Team, Operation Iraqi Freedom III, Camp Caldwell, dated 1 July 2005.

11.  The applicant was awarded the Combat Action Badge, for actively
engaging or being engaged by the enemy on 10 October 2004, by Permanent
Orders C241-29, Headquarters, US Army Civil Affairs and Psychological
Operations Command (Airborne), Fort Bragg, North Carolina, dated 29 August
2005.

12.  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.  Award of the Global War on
Terrorism Expeditionary Medal for service in Iraq was terminated on 30
April 2005.
13.  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.

14.  Army Regulation (AR) 600-8-22 states that individuals authorized the
Iraq Campaign Medal must have served in direct support of Operation IRAQI
FREEDOM (OIF).  The area of eligibility encompasses all land area of the
country of Iraq, and the contiguous water area out to 12 nautical miles,
and all air spaces above the land area of Iraq and above the contiguous
water area out to 12 nautical miles. The Iraq Campaign Medal period of
eligibility is on or after 19 March 2003 to a future date to be determined
by the Secretary of Defense or the cessation of OIF.

15.  The regulation continues, service members qualified for the Global War
on Terrorism Expeditionary Medal by reasons of service between 19 March
2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was
subsequently authorized, will remain qualified for that medal. Upon
application, any such service member may be awarded the Iraq Campaign Medal
in lieu of the Global War on Terrorism Expeditionary Medal for such
service. No service member will be entitled to both medals for the same
act, achievement or period of service.

16.  Additionally, the regulation provides that service members must have
been assigned, attached, or mobilized to units operating in the area 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, while participating in an operation or
on official duties;

      (b) is wounded or injured and requires medical evacuation from the
area of eligibility; or

      (c) while participating 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.

17.  The following rules apply to award of the Iraq Campaign Medal: The
Iraq Campaign Medal may be awarded posthumously, only one award of this
medal may be authorized for any individual, and under no condition will
personnel receive the Iraq Campaign Medal, the Global War on Terrorism
Expeditionary Medal, the Global War on Terrorism Service Medal, the
Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the
same action, time period or service.

18.  AR 600-8-22 shows that the Non Commissioned Officer Professional
Development Ribbon was established by the Secretary of the Army on 10
April 1981.  It is awarded to members of Active Army, Army National
Guard, and U.S. Army Reserve Soldiers for successful completion of
designated NCO professional development courses.  Paragraph 5-6.c.
provides for awarding of a numeral device to identify the highest level
of professional development competed.  For completion of the Primary
Leadership Development Course (PLDC), a numeral "1" is awarded and is to
be affixed to Non Commissioned Officer Professional Development Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  On his release from active duty on 11 August 2005, the applicant was
awarded the Global War on Terrorism Service Medal.  This award is shown
on his DD Form 214.  In his application to the Board, the applicant has
requested that the Iraq Campaign Medal be awarded in its place.
Implementing instructions for award of the Iraq Campaign Medal provided
for this action to be accomplished.  Therefore, based on the applicant's
request, the Global War on Terrorism Expeditionary Medal will be deleted
from his DD Form 214, with an effective date of 11 August 2005, and the
Iraq Campaign Medal will be added in its place.
2.  The documentary evidence shows the applicant was awarded two Army
Commendation Medals, in effect, the Army Commendation Medal, with oak leaf
cluster.  He is entitled to a correction of his DD Form 214, with an
effective date of 11 August 2005, to show he received the Army Commendation
Medal, with oak leaf cluster.

3.  The applicant completed the Primary Leadership Development Course and
was awarded the Noncommissioned Officer Professional Development Ribbon;
however, this award does not show the level of professional development
completed by the applicant.  He is entitled to a correction to all his
records to show he was awarded the Noncommissioned Officer Professional
Development Ribbon, with numeral "1," to appropriately identify the level
of his professional development.

4.  The Armed Forces Reserve Medal, with "M" Device, the applicant has
requested already appears on his DD Form 214, with an effective date of
separation of 11 August 2005, although it was  incorrectly identified as
the Armed Forces Reserve Medal and Mobilization; therefore, he is
entitled to a correction of his DD Form 214 to correctly identify the
award.

5.  The evidence shows the applicant was awarded the Combat Action Badge on
10 October 2004.  He is therefore entitled to a correction of his DD Form
214, with an effective date of 11 August 2005, to show he received this
badge.

6.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Grenade Bar, and the Marksman Marksmanship Qualification Badge,
with Automatic Rifle Bar, during his Regular Army service ending 1 August
1996.  These badges were not transposed to his DD Form 214 with
an effective date of release from active duty of 11 August 2005.  He is
entitled to have these badges shown on his DD Form 214, with an effective
date of 11 August 2005.

BOARD VOTE:

____e__  ___LB___  ___MJF__  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.  deleting the Army Commendation Medal, the Global War on Terrorism
Expeditionary Medal, and the Armed Forces Reserve Medal and Mobilization,
and the Noncommissioned Officer's Professional Development Ribbon, from the
applicant's DD Form, with an effective date of 11 August 2005;


      b.  adding the already-awarded Army Commendation Medal, with oak
leaf cluster; the Armed Forces Reserve Medal, with "M" Device; the
Noncommissioned Officer Professional Development Ribbon, with Numeral 1;
the Combat Action Badge; the Marksman Marksmanship Qualification Badge,
with Automatic Rifle and Grenade Bar, to the applicant's DD Form 214, with
an effective date of 11 August 2005; and


      c.  awarding the applicant the Iraq Campaign Medal and adding this
award to the applicant's DD Form 214.




                                  ____Lester Echols_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060009482                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000 Awards and Decorations         |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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