RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2008
      DOCKET NUMBER:  AR20070014210


      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. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |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, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show he was awarded
two awards of the Army Achievement Medal; three awards of the Army
Commendation Medal; the German Military Parachute Badge; the Global War on
Terrorism Service Medal; the Afghanistan Campaign Medal; the Iraq Campaign
Medal; and to show he deployed to Iraq.

2.  The applicant states that his DD Form 214 does not reflect the various
awards to which he is entitled.

3.  The applicant provides his DD Form 214; military occupational specialty
orders, dated 10 January 2003; Army Good Conduct Medal orders; three
partial DA Forms 638 (Recommendation for Award); authorization to accept
and wear the German Military Parachute Badge with the related German Army
award documents; orders, dated 6 May 2003, awarding him “Shoulder Sleeve
Insignia”; a printout describing the Global War on Terrorism Service Medal;
a printout describing the Global War on Terrorism Expeditionary Medal;
three Army Commendation Medal award certificates; and two Army Achievement
Medal award certificates.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 25 January 2000.

3.  The applicant served in Afghanistan from 25 September 2001 through
      5 December 2001 and again from 6 June 2002 through 24 September 2002.
 Orders awarding him “Shoulder Sleeve Insignia” (not an award but an item
of clothing wear; that is, the right to wear the unit’s insignia on the
right shoulder sleeve to denote wartime service) show he served in Iraq
from 5 March to         27 April 2003.

4.  On 9 December 2002, the applicant was awarded the German Armed Forces
Jump Wings (i.e., parachute badge) in bronze.  By memorandum dated 4 June
2003, he was authorized to accept and wear the German Military Parachute
Badge.

5.  Headquarters, 75th Ranger Regiment Permanent Order 291-040, dated
18 October 2002, awarded the applicant the Army Commendation Medal for
outstanding achievement during the period 20 June 2002 to 5 October 2002.

6.  Headquarters, 75th Ranger Regiment Permanent Order 176-266, dated
25 June 2003, awarded the applicant the Army Commendation Medal for
exceptional meritorious achievement during the period 9 March 2003 to 27
April 2003.

7.  Headquarters, 75th Ranger Regiment Permanent Order 316-008, dated
12 November 2003, awarded the applicant the Army Commendation Medal
for exceptional meritorious service during the period 1 October 2000 to
         24 November 2003.

8.  Headquarters, 3d Battalion, 75th Ranger Regiment Permanent Order 150-
01, dated 30 May 2001, awarded the applicant the Army Achievement Medal for
the period 16 April 2001 to 21 April 2001.

9.  Headquarters, 3d Battalion, 75th Ranger Regiment Permanent Order
290-004, dated 17 October 2003, awarded the applicant the Army Achievement
Medal for the period 14 October 2003 to 17 October 2003.

10.  The applicant was honorably released from active duty on 24 January
2004. His DD Form 214 shows he was awarded one award of the Army
Commendation Medal, the Army Good Conduct Medal, the National Defense
Service Medal, the Army Lapel Button, the Army Service Ribbon, and the
Parachutist Badge.  Item 18 (Remarks) shows his two deployments to
Afghanistan but not his deployment to Iraq.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Global War on Terrorism Service Medal to 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.

12.  Army Regulation 600-8-22 provides for award of the Afghanistan
Campaign Medal for service in direct support of Operation Enduring Freedom
on or after   24 October 2001 to a future date to be determined by the
Secretary of Defense or the cessation of the operation.  The area of
eligibility includes all land areas and air spaces of the country of
Afghanistan.  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 certain other following criteria.

13.  Army Regulation 600-8-22 provides for award of the Iraq Campaign
Medal.  Award of the Iraq Campaign Medal 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 certain other criteria.

14.  Army Regulation 600-8-22 provides that foreign decorations and badges
may be authorized by authorized approval authorities for wear by U.S.
military personnel.  Foreign qualification and special skill badges may be
accepted if awarded in recognition of the criteria as established by the
foreign government concerned.  Only those badges which are awarded in
recognition of military activities and by the military department of the
host country are authorized for acceptance and permanent wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided evidence to show he was awarded three awards of
the Army Commendation Medal and two awards of the Army Achievement Medal.
These awards should be added to his DD Form 214.

2.  The applicant provided evidence to show he was awarded, and authorized
to accept and wear, the German Military Parachute Badge.  Therefore, this
badge should be added to his DD Form 214.

3.  The applicant met the eligibility criteria for award of the Global War
on Terrorism Service Medal.  This award should be added to his DD Form 214.
4.  The applicant served in Afghanistan and Iraq for more than 30 days
during each of his three deployments.  Therefore, he met the eligibility
criteria for award of the Afghanistan Campaign Medal and the Iraq Campaign
Medal and these awards should be added to his DD Form 214.

5.  The applicant provided evidence to show he served in Iraq from 5 March
to   27 April 2003.  This deployment should be added to item 18 of his DD
Form 214.

BOARD VOTE:

__jbg__  __dws___  __rsv___  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.  deleting the entry, “Army Commendation Medal” from his DD Form
214;

     b.  adding three awards of the Army Commendation Medal, two awards of
the Army Achievement Medal, the German Military Parachute Badge, the Global
War on Terrorism Service Medal, the Afghanistan Campaign Medal, and the
Iraq Campaign Medal to his DD Form 214; and

     c.  amending item 18 of his DD Form 214 to show he deployed to Iraq
from     5 March 2003 to 27 April 2003.




                            __James B. Gunlicks__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014210                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |100.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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