RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070004435


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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) for the period ending 21 May 2004 be corrected
to show he was released from active duty on 20 July 2004; to add the 63B
Transition Course; to add his active duty for training during the period 4
through 25 June 2005; and to add the Army Combat Action Badge (correctly
known as the Combat Action Badge), the Army Good Conduct Medal, and the
Iraq Campaign Medal.

2.  The applicant states that he has the proof that his DD Form 214 is not
correct.

3.  The applicant provides his DD Form 214 for the period ending 21 May
2004; a DA Form 1059 (Service School Academic Evaluation Report), dated 25
May 2005; active duty orders, dated 10 February 2003, with an amendment,
dated   22 January 2004; active duty orders, dated 31 May 2005; Combat
Action Badge orders; Army Good Conduct Medal orders; and an Iraqi (sic)
Campaign Medal memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant enlisted in the Army National Guard on 27 February 1997.

3.  On 7 February 2003, the applicant was ordered to active duty for 365
days in support of Operation Enduring Freedom.  He arrived in Iraq on 6
April 2003.  On 22 January 2004, his active duty orders were amended to
change his active duty end date to 20 July 2004.  He departed Iraq on 18
April 2004.  His DD Form    214 shows he was released from active duty on
21 May 2004.  He signed the   DD Form 214.

4.  The applicant’s DD Form 214 for the period ending 21 May 2004 shows he
was awarded the Army Commendation Medal, the Army Reserve Components
Achievement Medal (2d award), the National Defense Service Medal, the
Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on
Terrorism Service Medal, the Humanitarian Service Medal, the Armed Forces
Reserve Medal, the Armed Forces Reserve Medal with “M” device, the Army
Service Ribbon, and the Driver/Mechanic Badge.

5.  Department of Military Affairs, State of Illinois Permanent Order 255-
268, dated 12 September 2005, awarded the applicant the Combat Action Badge
for dates of conflict 6 April 2003 through 20 April 2004.

6.  Department of Military Affairs, State of Illinois Permanent Order 255-
417, dated 12 September 2005, awarded the applicant the Army Good Conduct
Medal (1st award) for the period 7 February 2003 through 7 June 2004.

7.  Department of Military Affairs, State of Illinois memorandum, undated,
awarded the applicant the Iraqi Campaign Medal for the period 7 February
2003 to 7 June 2004.

8.  On 2 April 2005, the applicant was ordered to active duty for training
to attend the 63B Transition Course, ending on 17 May 2005.

9.  On 26 February 2006, the applicant was honorably discharged from the
Army National Guard and as a Reserve of the Army.  His National Guard
Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he
was awarded the Army Service Ribbon, the National Defense Service Medal,
the Army Commendation Medal, the Army Reserve Components Achievement Medal
(2d award), the GWOTEM, the Global War on Terrorism Service Medal, the
Humanitarian Service Medal, the Armed Forces Reserve Medal, the Armed
Forces Reserve Medal with “M” device, and the Driver/Mechanic Badge.  His
NGB Form 22 shows he completed the 63B Transition Course.

10.  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 DD Form
214 is a synopsis of the Soldier’s most recent period of continuous active
duty.  It provides a brief, clear-cut record of active Army service at the
time of release from active duty, retirement or discharge.

11.  Army Regulation 600-8-22 (Military Awards) states individuals
authorized the Iraq Campaign Medal must have served in direct support of
Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all
land area of the country of Iraq, and the contiguous water area out to 12
nautical miles, and all air spaces above the land area of Iraq and above
the contiguous water area out to 12 nautical miles.  The Iraq Campaign
Medal period of eligibility is on or after
19 March 2003 to a future date to be determined by the Secretary of Defense
or the cessation of OIF.

12.  Service members qualified for the GWOTEM by reasons of service between
19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign
Medal was subsequently authorized, will remain qualified for that medal.
Upon application, any such service member may be awarded the Iraq Campaign
Medal in lieu of the GWOTEM for such service.  No service member will be
entitled to both medals for the same act, achievement or period of service.


13.  Initial award of the GWOTEM is limited to service members deployed
abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following
designated specific geographic areas of eligibility (AOE): Afghanistan,
Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete,
Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary,
Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT
operations not associated with operations qualifying for the Kosovo
Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger,
Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia,
Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab
Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10
degrees north latitude and west of 68 degrees longitude, Bab El Mandeb,
Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of
the Mediterranean Sea east of 28 degrees east longitude and boarding and
searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and
Suez Canal.

14.  Army Regulation 600-8-22 states the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  Effective 1
August 1981, all members of the Active Army, Army National Guard, and Army
Reserve in an active Reserve status are eligible for the award for
successful completion of overseas tours.

15.  A Frequently Asked Questions document from the U. S. Army Human
Resources Command, Military Awards Branch, dated 22 January 2006, contains
examples to show Soldiers' eligibility for awards while deployed to Iraq or
Afghanistan.  The document states "Question:  How long do I have to serve
in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:
Overseas tour credit is outlined in Army Regulation 614-30 (Overseas
Service).  Provided is a clarification statement the proponent to Army
Regulation 614-30 has provided our office:  Soldiers who serve a minimum of
11 cumulative months or 9 continuous months in Iraq in a temporary change
of station/tour of duty
status get credit for a complete short tour.  Your reference is Army
Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are
considered isolated areas where tour lengths have not been established by
Department of Defense; therefore, the Army gives equivalent credit for
periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is only meant to be a synopsis of the Soldier’s most
recent period of continuous active duty, and it provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.  The applicant did not attend the 63B Transition
Course until June 2005; therefore, neither this course nor his active duty
for training during the period      4 through 25 June 2005 is authorized
for entry on his DD Form 214 for the period ending 21 May 2004.

2.  The applicant was awarded the Combat Action Badge and the Army Good
Conduct Medal for actions/service during his active duty ending on 21 May
2004; therefore, these awards should be added to his DD Form 214 for the
period ending 21 May 2004.

3.  The applicant requested award of the Iraq Campaign Medal.  His DD Form
214 for the period ending 21 May 2004 already shows award of the GWOTEM.
He is not eligible for both medals for his service in Iraq.  Based upon his
request, it is presumed he is requesting award of the Iraq Campaign Medal
in lieu of the GWOTEM.  Therefore, his DD Form 214 for the period ending 21
May 2004 should be amended to delete the GWOTEM and to add the Iraq
Campaign Medal.

4.  The applicant was ordered to active duty in support of Operation
Enduring Freedom.  However, there is no evidence to show he deployed to an
overseas area eligible for award of the GWOTEM (for example, Kuwait)
awaiting deployment to Afghanistan when he was diverted to Iraq instead.
If he has evidence to show he was deployed to such an area for 30 days or
more awaiting deployment to Afghanistan until he was diverted to Iraq, he
may be eligible for the GWOTEM for that deployment in addition to the Iraq
Campaign Medal.

5.  The applicant is also eligible for award of the Overseas Service Ribbon
for his 12 months of continuous service in Iraq.

6.  Once the applicant’s DD Form 214 for the period ending 21 May 2004 is
amended to add the indicated additional awards, he may request the State
amend his NGB Form 22 to add those awards to his NGB Form 22.
7.  The applicant also requested that his DD Form 214 for the period ending
     21 May 2004 be amended to show he was released from active duty on 20
July 2004.  It is acknowledged that his active duty orders were amended in
January 2004 to change his active duty end date to 20 July 2004.  It is
also acknowledged that his Army Good Conduct Medal orders imply he was
released from active duty on 7 June 2004 and his Iraq Campaign Medal
memorandum implies that he departed Iraq on 7 June 2004.  There is
obviously an error in one of these three documents.  However, there is
insufficient evidence to show that the error is in his DD Form 214 and not
in his Army Good Conduct Medal orders or his Iraq Campaign Medal
memorandum.

8.  The mere fact that the applicant’s active duty orders were amended to
show his active duty end date was changed to 20 July 2004 does not mean
that he actually served on active duty until 20 July 2004.  The applicant
signed the      DD Form 214 for the period ending 21 May 2004, which is
usually a certification that he was released on the date indicated on the
DD Form 214.  In the absence of evidence to the contrary (such as a leave
and earnings statement or a completed pay voucher), there is insufficient
evidence to show the applicant was released from active duty on a date
other than 21 May 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__wdp___  __wb____  __dll___  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 for the period ending 21 May 2004 of the
individual concerned be corrected by:

     a.  deleting the Global War on Terrorism Expeditionary Medal; and

     b.  adding the Combat Action Badge, the Army Good Conduct Medal, the
Iraq Campaign Medal, and one award of the Overseas Service Ribbon.

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 the 63B Transition Course, to show he was on active duty for
training during the period 4 through  25 June 2005 to his DD Form 214 for
the period ending 21 May 2004, or to show he was released from active duty
on 20 July 2004.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004435                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |100.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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