RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060011229


      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      |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. 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, in effect, correction of his discharge document
to show all of his awards, ribbons and medals.

2.  The applicant does not submit a statement in support of his
application.

3.  The applicant does not provide any documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the
Regular Army on 23 October 2001 for a period of 3 years.  Upon completion
of basic combat training and advanced individual training, the applicant
was awarded military occupational specialty (MOS) 19K (M-1 Armor
Crewmember).  The highest grade he attained was pay grade E-4.

2.  The applicant's military service records are absent documentation that
shows he deployed overseas in support of Operation Enduring Freedom or
Operation Iraqi Freedom.

3.  The applicant's military service records contain a DD Form 214, with an
effective date of 29 September 2004.  This document shows that the
applicant was discharged under the provisions of Army Regulation 635-200,
chapter 14, for misconduct with a character of service under honorable
conditions (general), after completing a total of 2 years, 11 months, and 7
days of active duty service.  Item 12 (Record of Service), Block f (Foreign
Service), of the DD Form 214 contains the entry "0000 [Years], 00 [Months],
00 [Days]."  Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was
awarded the National Defense Service Medal, the Army Service Ribbon, and
the Armed Forces Expeditionary Medal.  Item 18 (Remarks) of the DD Form 214
shows, in pertinent part, that the applicant was in the delayed entry
program and the applicant had not completed his first full term of service;
however, this item is absent an entry pertaining to service in Kuwait or
Iraq.  The applicant authenticated the DD Form 214 with his signature in
Item 21 (Signature of Member Being Separated).  No other awards are listed
on the DD Form 214.  The applicant’s DA Form 2-1 shows that the applicant
qualified for award of the Marksman Marksmanship Qualification Badge with
Rifle Bar.


4.  Executive Order 13289, dated 12 March 2003, established two new medals
for service in the Global War on Terrorism (GWOT).  They were the Global
War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on
Terrorism Service Medal (GWOTSM).  These medals were authorized to
recognize all members serving in or in support of GWOT operations, on or
after 11 September 2001.

5.  Human Resources Command (HRC) Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTEM for Soldiers
who deployed abroad for service in GWOT operations on or after
11 September 2001.  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 designated Areas of Expedition (AOE).  The message also states that
under no condition will any Soldier in the United States receive this
award.  Kuwait and Iraq were included as authorized AOEs.

6.  Human Resources Command Message (Date Time Group 17 March 2004) also
disseminated implementing instructions for award of the GWOTSM.  This award
was authorized for all Soldiers who have participated in or served in
support of GWOT operations outside of the designated AOEs for the GWOTEM on
or after 11 September 2001.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized or National Guard Soldiers activated, on or
after
11 September 2001, having served 30 consecutive days or 60 nonconsecutive
days are authorized this award.  Soldiers may receive both the GWOTSM and
GWOTEM 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.

7.  On 21 September 2004, a Department of the Army Policy Letter, Subject:
AFEM-Termination Date for Award of the AFEM for Operations in SWA,
established 18 March 2003 as the termination date for award of the AFEM for
operations in SWA.  It further stipulated that Soldiers who were awarded
the AFEM for one of the SWA operations authorized, who then became eligible
for the GWOTEM on 11 September 2001, could elect to receive either the AFEM
or GWOTEM, but they could not be awarded both for the same period.

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.  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.

9.  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.

10.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

11.  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 Official Military Personnel File (OMPF).

12.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
completing Item 12, Block f, state to enter the total amount of foreign
service completed during the period covered by the DD Form 214, as taken
from the PQR/ERB/ ORB.  The instructions for Item 13 show that the awards
entered will be for all periods of service and instructs the preparing
official to check the Soldier's service records for the validity of awards.
 The instructions for preparation of Item 18 (Remarks) state that for an
active duty Soldier deployed with his or her unit during their continuous
period of active service enter the statement, "Service in (Name of Country
Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD)."   This
Army regulation also provides that for Item 21 (Signature of Member Being
Separated) that the signature indicates a Soldier has reviewed the form and
accepts the information as being correct to the best of their knowledge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty in
the United States for more than 30 consecutive days after 11 September
2001.  It further shows that he was awarded the AFEM, and that this award
is listed in his record and separation document.

2.  The evidence of record confirms that based on the applicant's active
duty service in the United States after 11 September 2001, he is entitled
to the GWOTSM.  However, he is not entitled to the GWOTEM because he cannot
be authorized this award for the same period for which the AFEM is
authorized.  Additionally, 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 AOE.  There is no evidence to show that the applicant met such
requirements.

3.  The evidence of record shows that the applicant qualified for award of
the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore,
it would be appropriate to correct his records to show this badge.

4.  By regulation, all overseas service completed during the period covered
by a DD Form 214 should be entered in Item 12f, and the overseas
deployments of active duty Soldiers should be documented in Item 18.

5.  There is no evidence in the applicant’s record that shows the applicant
served overseas; therefore, he is not entitled to the OSR.

6.  In view of the facts of this case, it would be appropriate to correct
Item 13 by adding the GWOTSM and the Marksman Marksmanship Qualification
Badge with Rifle Bar.

7.  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.  The applicant was discharged by
reason of misconduct; therefore, is not entitled to correction of his
records to show an award of the Good Conduct Medal.
8.  The applicant’s OMPF contains no other orders, or other documents
showing the applicant earned additional awards that are not listed on his
DD Form 214 or addressed in the preceding paragraphs.  Therefore, there is
an insufficient evidentiary basis to support adding any additional awards
to his record and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS__  __JTM__  ___RSV _  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 amending Item 13 of his DD Form 214 by adding the
Global War on Terrorism Service Medal and the Marksman Marksmanship
Qualification Badge with Rifle 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
adding any additional awards to his record and separation document.




                                  _____Linda D. Simmons_____
                                            CHAIRPERSON




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
the Global War on Terrorism Expeditionary Medal, Armed Forces Expeditionary
Medal, the Army Good Conduct Medal and Overseas Service Ribbon.


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/22                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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