RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010636


      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. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 the time he spent in Iraq
and to add the Army Commendation Medal and the Combat Infantryman Badge
(CIB).

2.  The applicant states, in effect, that his DD Form 214 is incomplete.

3.  The applicant provides his DD Form 214; a DA Form 638 (Recommendation
for Award); CIB orders; unit deployment orders; and two memorandums for
record (MFRs), both dated 10 October 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant enlisted in the Regular Army on 31 October 2001.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 11C (Indirect Fire Infantryman).

3.  The DA Form 638 provided by the applicant shows he deployed to Iraq on
    6 March 2003.  One of the MFRs dated 10 October 2003 shows he departed
the theater on or about 18 November 2003.

4.  The applicant provided a DA Form 638 that shows he was awarded the Army
Commendation Medal on 2d Brigade, 101st Airborne Division Permanent Order
Number 314-008, dated 10 November 2003.  This DA Form 638 shows he served
in Iraq through 5 November 2003.

5.  Headquarters, 1st Battalion, 502d Infantry, 101st Airborne Division
Permanent Orders 328-30, dated 24 November 2003, awarded the applicant the
CIB for dates of service 19 March through 24 November 2003.

6.  The applicant was honorably discharged by reason of physical disability
on
23 May 2005 after completing 3 years, 6 months, and 23 days of creditable
active service with no lost time.  His DD Form 214 shows he was awarded the
National Defense Service Medal, the Army Service Ribbon, the Marksman
Marksmanship Qualification Badge with Rifle bar, and the Global War on
Terrorism Service Medal.  Item 18 (Remarks) of his DD Form 214 does not
show he served in Iraq.

7.  The applicant’s records on the Personnel Electronic Records Management
System (PERMS) do not contain any record of derogatory information or an
Army Good Conduct Medal disqualification statement.

8.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning
individual military awards.  It 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.  Although there is no automatic
entitlement to the Army Good Conduct Medal, disqualification must be
justified.  In instances of disqualification as determined by the unit
commander, the commander will prepare a statement of the rationale for his
or her decision.  This statement will include the period of
disqualification and will be referred to the individual concerned for
response.  The unit commander will consider the affected individual’s
statement.  If the commander’s decision remains the same, the commander
will forward his or her statement, the individual’s statement, and his or
her consideration for filing in the individual’s Military Personnel Records
Jacket (MPRJ), DA Form 201.  The custodian of the MPRJ will forward these
documents for permanent filing in the individual’s OMPF.

9.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal (GWOTEM) for Soldiers who deploy abroad for
service in the Global War on Terrorism Operations on or after 11 September
2001 to a date to be determined.  To be eligible for this award a Soldier
must be mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a)  be engaged in actual ground combat against the enemy and
under circumstances involving grave danger of death or serious bodily
injury from enemy action, regardless, of the time in the area of
eligibility; b) while participating in the designated operation, regardless
of time, is killed or wounded/injured requiring medical evacuation from the
area of eligibility, or c) participate as a regularly assigned air crew
member flying sorties for 30 consecutive days or 60 nonconsecutive days
into, out of, within, or over the area of eligibility in direct support of
Operations Enduring Freedom and/or Iraqi Freedom.

10.  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].

11.  Effective 30 April 2005, the 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.

12.  On 25 January 2007, the applicant informed the Board analyst that he
would like the Iraq Campaign Medal.

13.  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
added to item 18 (Remarks) for active duty Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided evidence to show he served in Iraq.  Although
there are minor discrepancies as to the actual dates he spent there (either
6 or          19 March 2003 through either 5, 18, or 23 November 2003), it
would be equitable to correct item 18 of his DD Form 214 to show he served
in Iraq from 6 March 2003 (the earliest listed date) to 18 November 2003
(the middle of the three possible end dates).

2.  The applicant provided evidence to show he was awarded the CIB.

3.  The applicant informed the Board analyst he would like award of the
Iraq Campaign Medal in lieu of the GWOTEM.

4.  The applicant served a qualifying period of time for award of the Army
Good Conduct Medal.  In the absence of evidence of record to show his
command disqualified him from award of the Army Good Conduct Medal, it
would be equitable to award him the Army Good Conduct Medal for the period
31 October 2001 through 30 October 2004.

BOARD VOTE:

__hof___  __wfc___  __ded___  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.  awarding him the Army Good Conduct Medal for the period 31 October
2001 through 30 October 2004;

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the
Combat Infantryman Badge, and the Iraq Campaign Medal; and

     c.  amending item 18 of his DD Form 214 to add “Service in Iraq from
6 March 2003 - 18 November 2003.”




                                  __Hubert O. Fry_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010636                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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