RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060011077 


	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. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Scott W. Faught

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 of his discharge document.

2.  The applicant states, in effect, that his discharge document is in error and should be corrected to show he was awarded of the Army Good Conduct Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Combat Action Badge, and Driver and Mechanic Badge.  He also states, in effect, that his discharge document should be corrected to show he was promoted to the rank of specialist/pay grade E-4, effective 22 January 2005.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 21 October 2005; Headquarters and Headquarters Detachment, Engineer Brigade, 42nd Infantry Division (Mechanized), Forward Operating Base (FOB) Speicher, Operation Iraqi Freedom (OIF) III, memorandum, dated 26 October 2005, subject: Recommendation for Army Good Conduct Medal with enclosure; Headquarters, Engineer Brigade, 42nd Infantry Division, OIF III, FOB Speicher (Iraq), memorandum, dated 1 October 2005, subject: Global War on Terrorism Expeditionary Medal (GWOTEM) with enclosure; DA Form 4187 (Personnel Action), dated 14 July 2005, subject: Award of Combat Action Badge; DA Form 4187, dated 2 January 2005, subject: Award of Drivers Badge; and DA Form 4187, dated 15 February 2005, subject: Advancement.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the U.S. Army Reserve on 1 October 1986 and entered active duty in the Regular Army for a period of 3 years on 23 October 1986.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  The applicant's military service records show that he was assigned to Company C, 1st Battalion, 506th Infantry, 2nd Infantry Division in the Republic of Korea from 20 February 1987 through 16 February 1988.  
He was promoted to the rank of specialist (SPC)/pay grade E-4, effective
1 February 1988.

2.  The applicant's military service records contain a DD Form 214 that shows the applicant was honorably released from active duty (REFRAD) on 20 October 1989 after completing a total of 2 years, 11 months, and 28 days net active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, coupled with a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 5 December 2003, and ABCMR Record of Proceedings, Docket Number AR20060011079, dated, 13 March 2007, show he was awarded the Army Achievement Medal (2nd Award), Army Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant's military service records contain a DD Form 214 that shows he was ordered to active duty on 8 October 2004 in support of Operation Iraqi Freedom in accordance with Title 10 United States Code, section 12302, and that he was assigned to Detachment 1, Company B, 467th Engineer Battalion.  Item 18 (Remarks) of the DD Form 214 shows, in pertinent part, that he served in Iraq from 31 December 2004 to 28 September 2005.  Item 4a (Grade, Rate or Rank) contains the entry "PFC"; Item 4b (Pay Grade) contains the entry "E03"; and Item 12 (Record of Service - Years, Months, Days), block h (Effective Date of Pay Grade), contains the entry "2002 10 15" (i.e., 15 October 2002).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that the applicant was awarded the Army Commendation Medal (2nd Award), National Defense Service Medal (2nd Award), Army Service Ribbon, Armed Forces Reserve Medal with Mobilization ("M") Device, Global War on Terrorism Service Medal, and Iraq Campaign Medal.  Item   The applicant's DD Form 214 also shows he was honorably REFRAD on 21 October 2005 after completing 1 year and 14 days net active service. Item 21 (Signature of Member Being Separated) of the DD Form 214 shows that the applicant authenticated the document with his signature.

4.  The applicant's military service records contain a copy of a DA Form 1059 (Service School Academic Evaluation Report), dated 4 November 2004, covering the period 23 October 2004 through 4 November 2004, which shows he completed the Combat Engineer Course (MOS 21B1O).  Item 3 (Grade) of the DA Form 1059 shows, in pertinent part, that the applicant's grade was "E-3".

5.  The applicant's military service records contain a copy of Headquarters,
U.S. Infantry Center, Fort Benning, Georgia, Orders 294-2201, dated 21 October 2005, which show that the applicant was REFRAD, effective 21 October 2005.  These orders also show, in pertinent part, the applicant's rank at that time was private first class (PFC)/pay grade E-3.

6.  The applicant's records contain a copy of Headquarters, 81st Regional Readiness Command, Birmingham, Alabama, Orders 05-320-00030, dated
16 November 2005, which show that the applicant was reassigned in the Reserve Component and assigned to Detachment 1, 824th Quartermaster Company, Charlotte, North Carolina, effective 16 November 2005.  These orders also show, in pertinent part, the applicant's rank at that time was PFC (E-3).

7.  In support of his application, the applicant provides a copy of the following documents:

     a.  DD Form 214, with an effective date of 21 October 2005, that documents the period of his active duty from 8 October 2004 to 21 October 2005 and, in pertinent part, shows his authorized awards and decorations and grade of rank at the time he was REFRAD.

     b.  Headquarters and Headquarters Detachment, Engineer Brigade,
42nd Infantry Division (Mechanized), FOB Speicher, OIF III, memorandum, dated 26 October 2005, subject: Recommendation for Army Good Conduct Medal with enclosure.  The memorandum shows, in pertinent part, that the first lieutenant in command of the detachment recommended Soldiers listed on the attached enclosure for award of the Army Good Conduct Medal.  The enclosure, in pertinent part, lists the applicant's name, rank, pay grade, unit, Social Security Number, and MOS; however, the document does not provide the period of service.

     c.  Headquarters, Engineer Brigade, 42nd Infantry Division, OIF III, FOB Speicher (Iraq), memorandum, dated 1 October 2005, subject: Global War on Terrorism Expeditionary Medal (GWOTEM) with enclosure.  The memorandum shows, in pertinent part, that the colonel in command of the brigade awarded Soldiers listed on the enclosure "the Global War on Terrorism Expeditionary [emphasis added] Medal for participation in OPERATION IRAQI FREEDOM III with duty in CONUS (emphasis added) for the indicated periods."  This memorandum also shows the authority as "USA HRC message, SUBJECT:  Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal - Implementing Instruction, dtd 7 March 2004."  The enclosure is titled "GWOT SERVICE AND EXPEDITIONARY MEDAL" and, in pertinent part, lists the applicant's Social Security Number, name, rank, unit identification code, and unit; however, the document does not provide the period of service, location, or the actual (i.e., specific) service medal awarded.

     d.  DA Form 4187, dated 14 July 2005, subject: Award of Combat Action Badge.  This document shows, in pertinent part, that the first lieutenant in command of the detachment recommended (emphasis added) the applicant for award of the Combat Action Badge for performing assigned combat patrol duties in the Iraqi Theater of Operations in support of Operation Iraqi Freedom III from
6 February 2005 through 4 July 2005.  This document also indicates that the applicant was personally present and actively engaged or was engaged by the enemy on 3 July 2005 in the vicinity of Jabouri Peninsula, Ad Daluyiah, Iraq, and that he performed satisfactorily in accordance with the prescribed rules of engagement.

     e.  DA Form 4187, dated 2 January 2005,  subject: Award of Drivers Badge.  
This document shows, in pertinent part, that the first lieutenant in command of the detachment recommended (emphasis added) the applicant for award of the Driver and Mechanic Badge for attaining the regulatory requirements and standards for award of the badge.  This document also indicates that the applicant qualified for award of the badge by driving 10,120 miles during the period 23 January 2005 to 1 October 2005.

     f.  DA Form 4187, dated 15 February 2005, subject: Advancement.  This document shows, in pertinent part, that the colonel in command of the brigade approved advancement of the applicant to SPC/E-4, effective 22 January 2005.  This document also shows the authority for advancement as National Guard Regulation, "Chapter 11-23, 11-24."

8.  A review of the applicant's record reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

9.  The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, message, dated 9 February 2004, published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

10.  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.  This Army regulation provides, in pertinent part, that one overseas service bar is authorized for each 6-month period of Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom, the Central Command (CENTCOM) area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined.  The months of arrival to, and departure from, the CENTCOM area of operations are counted as whole months.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, message, dated 17 March 2004, disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to 30 April 2005.  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 crewmember flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operation Enduring Freedom and/or Operation Iraqi Freedom.  The message also states that under no condition will any Soldier in the United States receive this award (emphasis added).

13.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, message, dated 17 March 2004, disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days are authorized this award.

14.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal to qualified personnel; permanent orders are not required.

15.  Headquarters, U.S. Army Human Resources Command, Military Awards Branch, Alexandria, Virginia, 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 nonconsecutive 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].  This campaign medal may be awarded posthumously.

16.  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.  

17.  Army Regulation 600-8-22, paragraph 1-42 as amended, in pertinent part, shows the order of precedence of service medals and service ribbons.  This document shows that the Iraq Campaign Medal is higher in order of precedence than the Global War on Terrorism Expeditionary Medal.

18.  Headquarters, Department of the Army, Washington, District of Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the Combat Infantryman Badge and the Combat Medical Badge and the Establishment of the Combat Action Badge, states that on 2 May 2005, the Chief of Staff, Army, approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engage, or are engaged by the enemy.  The requirements for award of the Combat Action Badge provide that it may be awarded to any Soldier (Branch and MOS immaterial); the Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; the Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and the Soldier must not be assigned/ attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Major General commanders and above, in the combat theater for current operations, may approve award of the Combat Action Badge.  Requests for retroactive awards of the Combat Action Badge must be forwarded through the first Brigadier General commander in the chain of command to the U.S. Army Human Resources Command, Alexandria, Virginia.

19.  Army Regulation 600-8-22, paragraph 8-31, provides for award of the Driver and Mechanic Badge.  To receive award of the badge, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card and be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months, or during at least 8000 miles with no government motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, or must perform satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  Component bars are authorized to designate the type of vehicles and/or qualifications.  Commanders of brigade, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  

20.  Army Regulation 600-8-22, paragraph 1-25 (Announcement of awards), in pertinent part, provides that permanent award of badges will be announced in permanent orders by commanders authorized to make the award.

21.  National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), Chapter 11 (Transitional Promotion and Reduction Policy), Section III (Advancement to PV2, PFC and SPC), paragraph 11-23, provides, in pertinent part, that Soldiers must be in a promotable status on the effective date of advancement.  The advancement authority or a higher headquarters may determine a Soldier's eligibility to be advanced with a retroactive date of rank when the Soldier's advancement was delayed due to administrative error.  This paragraph also provides that a copy of each DA Form 4187 affecting the Soldier's latest advancement status will be filed in their Military Personnel Records Jacket (MPRJ)/Official Military Personnel File (OMPF).  (NGR 600-200, paragraph 11-24, pertains to advancement to private (PV2).)

22.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the MPRJ/OMPF.

23.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 4 state to enter the active duty grade or rank and pay grade at time of separation.  The instructions for Item 12, block h, provide that from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current grade.  The instructions for Item 13 state to list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Army Good Conduct Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Combat Action Badge, and Driver and Mechanic Badge.  He also states that his discharge document should be corrected to show he was promoted to the rank of specialist/pay grade E-4, effective 22 January 2005.

2.  The evidence of record shows that the period for award of the Army Good Conduct Medal 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.  The evidence of record also shows that the applicant was awarded the first award of the Army Good Conduct Medal for the period 23 October 1986 to 20 October 1989.  The evidence of record further shows that the applicant completed 1 year and 14 days of active Federal military service during the period under review.  Thus, despite the Headquarters and Headquarters Detachment, Engineer Brigade, 42nd Infantry Division (Mechanized), FOB Speicher, OIF III, memorandum, dated 26 October 2005, subject: Recommendation for Army Good Conduct Medal (with enclosure) that the applicant provides, the evidence of record fails to show that he met the 3-year period of active Federal military service required to qualify for a second award of the Army Good Conduct Medal. Therefore, the applicant is not entitled to correction of his records to show a second award of the Army Good Conduct Medal.

3.  The evidence of record shows the applicant was awarded the Global War on Terrorism Service Medal for his service from 8 October 2004 to 30 December 2004 in support of the Global War on Terrorism outside the area of eligibility.

4.  The evidence of record shows the applicant was awarded the Iraq Campaign Medal for his service in Iraq in support of Operation Iraqi Freedom III from
31 December 2004 to 28 September 2005.  The evidence of record also shows that no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  Thus, the applicant is not entitled to award of the Global War on Terrorism Expeditionary Medal.  In addition, the evidence of record further shows that the Iraq Campaign Medal is higher in order of precedence than the Global War on Terrorism Expeditionary Medal.  Therefore, unless the applicant specifically requests deletion of award of the Iraq Campaign Medal from his military service records and award of the of the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal, the applicant is not entitled to correction of his records to show the GWOTEM service medal.

5.  The evidence of record shows that the first lieutenant in command of the applicant's detachment recommended him for award of the Combat Action Badge.  However, there is no evidence that the approving authority (i.e. a commander in the grade of rank of major general or higher) approved the recommendation for award of the Combat Action Badge.  Moreover, there are no permanent orders awarding the applicant the Combat Action Badge.  Therefore, the applicant is not entitled to correction of his records to show this badge.

6.  The evidence of record shows that the first lieutenant in command of the applicant's detachment recommended him for award of the Driver [and Mechanic] Badge.  However, there is no evidence that the approving authority (i.e. brigade commander or a commander in the rank of lieutenant colonel or higher) approved the recommendation for award of the Driver and Mechanic Badge.  Moreover, there are no permanent orders awarding the applicant the Driver and Mechanic Badge.  Therefore, the applicant is not entitled to correction of his records to show this badge.

7.  The evidence of record shows that the applicant was advanced to the rank of PFC (E-3) on 15 October 2002.  The applicant provides a DA Form 4187, dated 15 February 2005, that shows the colonel in command of the applicant's brigade approved his advancement to SPC/E-4, effective 22 January 2005.  However, a copy of this document is not filed in the applicant's MPRJ or OMPF.  In addition, the evidence of record shows that the order releasing the applicant from active duty on 21 October 2005 shows his grade of rank as PFC (E-3).  Further, the order issued subsequent to the applicant's REFRAD that reassigned him, effective 16 November 2005, also shows the applicant's grade of rank as PFC (E-3).  Moreover, the applicant's DD Form 214, issued upon his REFRAD, shows his grade of rank as PFC (E-3) and effective date of pay grade as 15 October 2002.  Furthermore, the evidence of record shows that the applicant authenticated his DD Form 214 with his signature on the date he was REFRAD.  In effect, this was his verification that the information contained on the discharge document, to include the information in Item 4, blocks a and b, and Item 12, block h, was correct at the time the document was prepared and issued.  In view of the foregoing, there is insufficient evidence to support the applicant's claim regarding his grade of rank at the time of his REFRAD.  Therefore, the applicant is not entitled to correction of the grade of rank that is shown on his DD Form 214 at this time.

8.  The applicant is advised that, if he can produce pay documents spanning the period January 2005 through October 2005 (i.e., Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LES), Settlement Voucher for Final Pay, etc.) showing his rank and pay grade throughout this period consistently remained SPC/E-4, then he may resubmit his application.  However, the applicant is advised that he must submit his application for reconsideration, along with the necessary supporting documentation, within 1 year of the date of this ABCMR Record of Proceedings.

9.  The evidence of record shows that prior to the period of service under review, the applicant was awarded the Army Achievement Medal (2nd Award), Army Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The evidence of record also shows that the awards entered in Item 13 of the DD Form 214 will include the applicant's authorized awards from all periods of service.   Therefore, the applicant is entitled to correction of his DD Form 214, with an effective date of
20 October 2005, to show the above mentioned awards that were not entered on the document.

10.  Records show that the applicant is authorized Korea Defense Service Medal based on his service in the Republic of Korea from 20 February 1987 through
16 February 1988.  Therefore, it would be appropriate to correct his records to show this foreign service medal.

11.  Records show that the applicant served 9 months in the area of operations in support of Operation Iraqi Freedom III.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.

12.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___LDS__  ___JCR_  __SWF __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Achievement Medal (2nd Award), Army Good Conduct Medal
(1st Award), Overseas Service Ribbon, Korea Defense Service Medal, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.




_____Linda D. Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011077
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/05
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20051021
DISCHARGE AUTHORITY
AR 635-200, Chapter 4
DISCHARGE REASON
Completion of Required Active Service
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0056.0000
2.
107.0137.0000
3.
107.0136.0000
4.
107.0143.0000
5.
107.0142.0000
6.
129.0500.0000