RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 May 2007
      DOCKET NUMBER:  AR20060015909


      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. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Rodney E. Barber              |     |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 following awards be added
to his DD Form 214 (Certificate of Release or Discharge from Active Duty):
the Combat Action Badge (CAB), the Army Commendation Medal (ARCOM) (4th
award), the Army Good Conduct Medal (GCM) (4th award), the Drivers Wheeled
Vehicle “W” Component Bar, the Operator “S” Special Equipment Component
Bar, the Army Reserve Components Achievement Medal (ARCAM) (3rd award), the
Army Reserve Components Overseas Training Ribbon (ARCOTR) (2nd award), the
Armed Forces Reserve Medal (AFRM) (2nd award) and “M” Device, the
Sharpshooter Marksmanship Qualification Badge (M-16), the Expert
Marksmanship Qualification Badge (Pistol), the Shoulder Sleeve Insignia-
Former Wartime Service (SSI-FWTS) for the 25th Infantry Regiment, the 1st
Division, and the 81st Brigade Combat Team. The applicant also requests, in
effect, that all his military schools be added to his DD Form 214 dated 1
May 2005.

2.  The applicant states, in effect, that his awards and military schools
are missing from his DD Form 214.

3. The applicant provided a copy of his DD Form 214, a copy of the orders
for the CAB, his GCM, the Operator “S” Equipment Component Bar, the
Driver’s Wheel Vehicle Component Bar, the application for ARCAM, the
application for the AFRM, the orders for an AFRM, a copy of DA Form 5790-R
(Record Firing Scorecard), and a copy of DA Form 5704-R (Alternate Pistol
Qualification).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 May 2005, the date of separation from active duty.  The application
submitted in this case is dated 27 January 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he was ordered to active duty in the
United States Army Reserves on 17 January 2004 for the purposes of
participating in Operation Iraqi Freedom from 17 January 2004 through 1 May
2005.  The highest rank he attained while serving on active duty was Staff
Sergeant (E-6).

4.  On 1 May 2005, the applicant was released from the Active Army after
honorably serving for a total of 1 year, 3 months, and 15 days.  The DD
Form 214 he was issued shows that the earned the following awards during
this active duty tour:  Meritorious Service Medal, the Army Commendation
Medal, The Global Terrorism Expeditionary Medal, The Global War on
Terrorism Service Medal, the Armed Forces Reserve Medal w/M Device, the
Army Service Ribbon, the Overseas Service Bar (2nd award), the Overseas
Service Bar, and the Combat Infantryman Badge.

5.  The Department of the Army certificate the applicant was issued shows
that he was awarded the ARCOM on 13 February 2005, for outstanding
achievement while improving force protection measures for FOB Marez, Iraq,
from
15 November 2004 to 15 February 2005.

6.  Permanent Orders 270-1, California Army National Guard, HHD Engineer
Brigade, 40th Infantry Regiment, Mechanized, Sacramento, California, dated
27 September 2005, California, shows that the applicant was awarded the GCM
for the period 27 September 2002 through 27 September 2005.

7.  Permanent Orders 026-598, State of California, Joint Forces
Headquarters, Sacramento, dated 26 January 2006, California, shows that the
applicant was awarded the CAB for actively engaging or being engaged by the
enemy on
10 November 2004.

8.  Permanent Orders 344-12, Department of the Army, Task Force Chinook,
LSA Anaconda, Balad, Iraq, dated 10 December 2004, shows that the applicant
was awarded the Operator “S” Special Equipment Component Bar, for
accumulating more than 1000 safely operating, and maintaining all NATO
equipment in support of the 210th Iraqi National Guard Battalion.

9.  Permanent Orders 354-6, Department of the Army, Task Force Chinook, LSA
Anaconda, Balad, Iraq, dated 20 December 2004, shows that the applicant was
awarded the Driver’s Wheeled Vehicle “W” Component Bar (2nd Bar), for
accumulating more than 8000 safely operating, and maintaining all NATO
wheeled vehicles equipment in support of the 210th Iraqi National Guard
Battalion.

10.  Item 13 of the applicant’s DD Form 214, dated 1 May 2005 does not show
that the applicant was awarded the AAM.
11.  Permanent Orders 544, Headquarters, 1st Battalion, 178th Infantry
Regiment, Chicago, Illinois, dated 14 April 1996 show that the applicant
was awarded the AFRM during the period 28 October 1985 through 27 October
1995.

12.  Item 13 (Decorations, Medal Badge, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214, dated 1 May 2005,
shows that he was awarded the AFRM with “M” Device during this active duty
tour.

13.  Item 13 (Decorations, Medal Badge, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214, dated 16 January
2004, shows that he was awarded the ARCAM (3rd award) during that period of
active duty service.

14.  Item 13 (Decorations, Medal Badge, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214, dated 16 January
2004, shows that he was awarded the ARCOTR (2nd award) during that active
period of active duty service.

15.  Item 8 of the DA Form 5790-R shows that the applicant qualified
sharpshooter on the M-16 qualification course.

16.  Item 8 of the DA Form 5790-R, dated 14 October 2004, shows that the
applicant qualified sharpshooter on the M-16 qualification course.

17.  The DA Form 5704-R, dated 14 October 2004, shows that the applicant
qualified expert on the 9mm pistol qualification course.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army Achievement Medal is awarded to any member of the armed
forces of the United States, who while serving in a noncombat area on or
after 1 August 1981, distinguished themselves by meritorious service or
achievement.

19.  Army Regulation 635-5 states, in pertinent part, that a DD Form 214 is
a summary of a Soldier’s most recent period of continuous active duty.  It
provides a brief, clear-cut, record of active duty service at the time of
release from active duty, retirement, or discharge.

20.  Army Regulation 635-5, in pertinent part, states that From ERB/ORB
list formal in-service (full time attendance) training courses successfully
completed during the period of service covered by the DD Form 214.

21.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), provides, in pertinent part, that authorization to wear a SSI-
FWTS applied only to soldiers who are assigned to the United States Army
units during the operations.  Periods of eligibility are announced by
Department of the Army and only shoulder sleeve insignia approved for wear
by Headquarters Department of the Army are authorized to be worn on the
right sleeve of the Army Green and field uniforms to signify wartime
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the (CAB, the
ARCOM, the GCM (4th award), the Drivers wheeled Vehicle “W” Component Bar,
the Operator “S” Special Equipment Component Bar, the ARCAM, the, ARCAM,
the Sharpshooter Marksmanship Qualification Badge (M-16), the Expert
Marksmanship Qualification Badge (Pistol) the SSI-FWTS for the 25th
Infantry Regiment, the 1st Division, and the 81st Brigade Combat Team.

2.  Evidence shows that the applicant was awarded the ARCOM (4th award).
Therefore, he is entitled to correction of his records to show this award.

3.  Permanent Orders that show the applicant was awarded the GCM (4th
award)
Permanent Orders that show the applicant was awarded the GCM.  Therefore,
he is entitled to correction of his records to show this award

4.  Permanent Orders that show the applicant was awarded the CAB (4th
award)
Permanent Orders that show the applicant was awarded the CAB.  Therefore,
he is entitled to correction of his records to show this award

5.  There is no evidence in the applicant’s records that show he was
awarded the AAM (4th award).  Therefore, he is not entitled to have his
records corrected to show this award.

6.  Permanent Orders that show the applicant was awarded the Operator “S”
Special Equipment Component Bar.  Therefore, he is entitled to correction
of his records to show this award.

7.  Permanent Orders that show the applicant was awarded the Drivers
wheeled Vehicle “W” Component Bar.  Therefore, he is entitled to correction
of his records to show this award.

8.  Evidence shows that the applicant qualified Expert with the 9mm Pistol,
which is not shown on his separation document.  Therefore, he is entitled
to correction of his records to show this award.

9.  General Orders show the applicant qualified Sharpshooter with the M-16
Rifle, which is not shown on his separation document.  Therefore, he is
entitled to correction of his records to show this award.

10.  Permanent Orders that show the applicant was awarded the AFRM for a
qualifying period of service.  Evidence also shows that the applicant was
awarded the AFRM with “M” Device during mobilization that occurred on or
after
1 August 1990. Therefore, he is entitled to correction of his records to
show these awards. 

11.  Evidence show that the applicant was awarded the ARCAM (3rd award)
prior to this active duty tour and that they were documented on a
previously issued separation document.  Therefore, no correction is
required to add these awards to his separation document dated 1 May 2005.

12.  Evidence show that the applicant was awarded the ARCOTR (2nd award)
prior to this active duty tour and that they were documented on a
previously issued separation document.  Therefore, no correction is
required to add these awards to his separation document dated 1 May 2005.

13.  Records show that the applicant’s service schools were completed prior
to this active duty tour and that they were documented on a previously
issued separation document.  Therefore, no correction is required to add
these schools to his separation document dated 1 May 2005.

14.  The applicant is not entitled to correction to his DD Form 214 to show
his SSI-FWTS.  This item is an insignia and is not required to be listed on
the separation document as an award or decoration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___ENA _  ___AU __  ___REB_  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

      a.  deleting the Army Commendation Medal and the Armed Forces Reserve
Medal with “M” Device and by

      b.  adding the ARCOM (4th award), the CAB, the GCM (4th award), the
AFRM  (2nd award) with “M” Device, the Operators “S” Special Components
Bar, the Drivers Wheeled Vehicle Component Bar (2nd award), the Expert
Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-16).

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
correction of the applicants records to add the ARCAM (3rd award), the
ARCOTR (2nd award), the AAM, the SSI-FTWS, and previously completed and
annotated military service schools.




                                  ____Rodney E. Barber_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015909                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/17                              |
|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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