RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 February 2007
      DOCKET NUMBER:  AR20060010629


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show his foreign service from
December 2003 to May 2004 and to show he was awarded the Parachutist Badge,
the Combat Infantryman Badge (CIB), two awards of the Army Achievement
Medal (AAM), two awards of the Army Commendation Medal (ARCOM), and any
other awards that may have been given to his unit.

2.  The applicant states the above items were not included on his DD Form
214.

3.  The applicant provides his DD Form 214; deployment orders and a
deployment roster; a certificate of achievement; Parachutist Badge orders;
parachute duty pay orders; Driver Badge orders; two AAM orders; Army Good
Conduct Medal orders; CIB orders; two ARCOM orders; his Enlisted Record
Brief (ERB); his separation orders; and his preseparation counseling
checklist.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant enlisted in the U. S. Army Reserve (Delayed Entry
Program) on 9 April 1999.  He enlisted in the Regular Army on 11 January
2001.  He completed basic training.  He apparently completed advanced
individual training was awarded military occupational specialty (MOS) 89B
(Ammunition Specialist).

3.  Headquarters, Operations Group, National Training Center and Fort Irwin
Permanent Order 135-11 dated 15 May 2002 awarded the applicant the Driver
Badge with W bar.

4.  Headquarters, Operations Group, National Training Center and Fort Irwin
Permanent Orders 36-03 dated 5 February 2002 awarded the applicant the AAM
for meritorious achievement for the period 16 January to 1 February 2002.

5.  Headquarters, Operations Group, National Training Center and Fort Irwin
Permanent Orders 211-02 dated 30 July 2002 awarded the applicant the Army
Good Conduct Medal for the period 9 April 1999 to 8 April 2002.

6.  Headquarters, Operations Group, National Training Center and Fort Irwin
Permanent Orders 07-01 dated 7 January 2003 awarded the applicant the AAM
for [achievement] on 10 December 2002.

7.  The applicant was apparently assigned to Fort Benning, GA for training
in MOS 11B (Infantryman) and for airborne training.  Headquarters, U. S.
Army Infantry Center Permanent Orders 209-2834 dated 28 July 2003 awarded
him the Parachutist Badge 1 August 2003 “or upon completion of Airborne
training.”

8.  The applicant was assigned to Company C, 2d Battalion, 505th Parachute
Infantry Regiment, 82d Airborne Division, Fort Bragg, NC on or about 28
August 2003.

9.  The applicant provided deployment orders to show he and his unit were
assigned to the Central Command area of responsibility (southwest Asia,
Kuwait) on or about 10 January 2004 in support of Operation Iraqi Freedom.

10.  Headquarters, 13th Corps Support Command Permanent Orders 090-134
dated 30 March 2004 awarded the applicant the CIB for the period 7 January
2004 to 15 April 2004.

11.  Headquarters, 1st Brigade, 82d Airborne Division Permanent Order
Number 105-08 awarded the applicant the ARCOM for exceptionally meritorious
service while serving with Task Force Devil in support of Operation Iraqi
Freedom, Iraq, for the period 15 January 2004 to 15 May 2004.

12.  On 14 June 2004, the applicant was involved in a single vehicle
accident near Fort Bragg, NC and sustained a closed head and spinal cord
injury.

13.  Headquarters, 3d Brigade, 82d Airborne Division Permanent Order Number
255-02 dated 12 August 2004 awarded the applicant the ARCOM for meritorious
service for the period 9 April 1999 to 2 August 2004.

14.  Both of the applicant’s ARCOM orders mention his service as a
paratrooper.

15.  On 15 July 2005, the applicant was retired by reason of physical
disability.  His DD Form 214 shows he was awarded one AAM, the Army Good
Conduct Medal, the National Defense Service Medal, the Global War on
Terrorism Service Medal, the Army Service Ribbon, and the Army (Retired)
Lapel Button.

16.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the
entry “00 00 00.”  Item 18 (Remarks) does not show he served in Iraq.

17.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the
DD Form 214.  In pertinent part, it states the entry “SERVICE IN (NAME OF
COUNTRY DEPLOYED) FROM (inclusive dates)” will be entered in item
18 (Remarks) for active duty Soldiers.

18.  Army Regulation 600-8-22 prescribes Army policy and criteria
concerning individual military awards.  It states that only one decoration
will be awarded to an individual for the same act, achievement, or period
of meritorious service.

19.  Army Regulation 600-8-22 provides that the Army 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 normally 3 years.

20.  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].

21.  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 Global War on
Terrorism Expeditionary Medal (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.

22.  On 15 February 2007, the applicant informed the Board analyst he would
like the Iraq Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Headquarters, 1st Brigade, 82d Airborne Division Permanent Order Number
105-08 shows the applicant served in Iraq from 15 January 2004 to 15 May
2004 (4 months and 1 day).  However, he was awarded the CIB for the period
   7 January 2004 to 15 April 2004.  Since there is conflicting
information, it would be equitable to use the earliest and the latest dates
available and to show the applicant served in Iraq from 7 January 2004 to
15 May 2004 (4 months and        9 days).

2.  There is no definitive evidence of record to show the applicant
completed Airborne training.  However, he was assigned to the 505th
Parachute Infantry Regiment, 82d Airborne Division after his Parachutist
Badge orders were issued. ARCOM orders issued as late as August 2004
referred to him as a paratrooper.  It appears reasonable to believe he
remained airborne qualified until he was medically retired.  Therefore, the
Parachutist Badge should be entered on his DD Form 214.

3.  The applicant was awarded the CIB, and this award should be entered on
his DD Form 214.

4.  The evidence shows the applicant was awarded two AAMs.  These awards
should be entered on his DD Form 214.

5.  The evidence shows the applicant was awarded two ARCOMs.  However, both
of the awards were for service (one from 15 January 2004 to 15 May 2004 and
the other from 9 April 1999 to 2 August 2004).  In addition to the second
ARCOM including 21 months of service during which the applicant was in the
Delayed Entry Program, the second ARCOM also completely overlaps the
service recognized by the first ARCOM.

6.  Although the applicant was awarded two ARCOMs, only one appears to be
valid.  Therefore, only one ARCOM should be added to his DD Form 214.

7.  For information, it is also noted that the applicant’s Army Good
Conduct Medal orders were issued for a 21-month period (9 April 1999 to 11
January 2001) he was in the Delayed Entry Program and not on active duty,
service not qualifying for award of the Army Good Conduct Medal.  However,
it appears he otherwise would have met the eligibility criteria for the
period 11 January 2001 through 10 January 2004, thus there is no error on
his DD Form 214 regarding the Army Good Conduct Medal.

8.  The applicant met the eligibility criteria for award of the Iraq
Campaign Medal, and this award should be added to his DD Form 214.

9.  The applicant was also awarded the Driver Badge with W bar.  This award
should be added to his DD Form 214.

10.  It cannot be determined if the applicant’s unit was awarded any unit
award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mdm___  __jtm___  __qas___  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 the DD Form 214 of the individual concerned be corrected
by:

     a.  amending item 12f to show he completed 4 months and 9 days of
foreign service;

     b.  adding the entry “Service in Iraq from 7 January 2004 to 15 May
2004” to item 18; and

     c.  showing he was also awarded the Parachutist Badge, the Combat
Infantryman Badge, two awards of the Army Achievement Medal, one award of
the Army Commendation Medal, the Iraq Campaign Medal, and the Driver Badge
with W bar.

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
showing he had foreign service any time earlier than 7 January 2004 or
adding a second award of the Army Commendation Medal or unit awards to his
DD Form 214.




                                  __Mark D. Manning_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010629                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.04                                  |
|2.                      |100.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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