RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      16 March 2006
      DOCKET NUMBER:  AR20050006248


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the National
Defense Service Medal; the Global War on Terrorism Expeditionary Medal; the
Global War on Terrorism Service Medal; the Overseas Service Ribbon; the
Armed Forces Reserve Medal, with "M" Device; and the Meritorious Unit
Commendation.

2.  The applicant states, in effect, that all the above awards need to be
added to his DD Form 214.  He adds, in effect, that awards to be made for
Operation Enduring Freedom and Operation Iraqi Freedom were unknown at the
time of his discharge.

3.  The applicant provided a copy of his DD Forms 214, with effective dates
of 31 March 1992 and 20 January 2004, and a copy of his orders to active
duty, in support of his request.

4.  The applicant followed up his application by submitting a copy of a
Memorandum, Subject:  Line of Duty Determination, and a copy of six DFAS
Form 702, Defense Finance and Accounting Service Military Leave and
Earnings Statement, also in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he enlisted in the US Army Reserve on
28 April 1986 and enlisted in the Regular Army on 24 September 1986.  The
applicant's DD Form 214 shows he reenlisted on 5 April 1989.  He continued
to serve until 31 March 1992 when he was released from active duty.

2.  The applicant was released from active duty in the rank and pay grade,
Corporal, E-4, in accordance with Army Regulation (AR) 635-200.  On his
release from active duty, the applicant was transferred to the 339th
Military Police Company (Combat Support), Davenport, Iowa.  On the date of
his release from active duty, the applicant had completed 5 years, 6
months, and 7 days net active service.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant’s DD Form 214, with an effective
date of 31 March 1992 shows he was awarded the Army Commendation Medal; the
Good Conduct Medal; the Army Occupation Medal; the National Defense Service
Medal; the Army Superior Unit Award; the Noncommissioned Officer
Professional Development Ribbon; the Army Service Ribbon; the Expert
Marksmanship
Qualification Badge, with Pistol and Hand Grenade Bars; the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar; the Driver and Mechanic
Badge; and the German Marksmanship Badge, in Silver.

4.  The applicant was ordered to active duty, in support of Operation
Enduring Freedom, for a period of 365 days by Orders M-074-0091 published
by the 389th Engineer Battalion, on 15 March 2003.

5.  The applicant was released from active duty in the rank and pay
grade, Sergeant, E-5, in accordance with AR 635-40, paragraph 4-24B (3),
for disability with severance pay, on 20 January 2004.  On the date of
his release from active duty, the applicant had completed 10 months, and
6 days net active service.  The applicant also had 5 years, 7 months, and
26 days total prior active service and 3 years, 9 months, and 1 day total
prior inactive service.

6.  Item 13, of the applicant’s DD Form 214, with an effective date of 20
January 2004, shows he was awarded the Army Commendation Medal (2nd Award);
the Army Superior Unit Award; the Army Good Conduct Medal; the Army
Occupation Medal; the National Defense Service Medal (2nd Award); the Armed
Forces Reserve Medal, with "M" Device; the Noncommissioned Officer
Professional Development Ribbon; and the Army Service Ribbon.  No other
awards or decorations are listed.

7.  The Armed Forces Reserve Medal, with "M" Device; and the National
Defense Service Medal (2nd Award) are already shown on the applicant's DD
Form 214; therefore, these awards will not be discussed further in these
Proceedings.

8.  The already-awarded Expert Marksmanship Qualification Badge, with
Pistol and Hand Grenade Bars; the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar; the Driver and Mechanic Badge; and the German
Marksmanship Badge, in Silver, were not carried over from the earlier DD
Form 214 that was issued to the applicant in accordance with the applicable
regulation, AR 635-5.

9.  The exact dates of the applicant's service in the hostile fire pay area
are not known; however, the Defense Finance and Accounting Service Military
Leave and Earnings Statements the applicant provided show he was in receipt
of hostile fire pay for the pay periods ending 30 May 2003 through 18
August 2003.

10.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for soldiers who deploy abroad for service
in the Global War on Terrorism Operations on or after 11 September 2001,
to a date to be determined.  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 crew member flying sorties for 30 consecutive days or 60
nonconsecutive days into, out of, within, or over the area of eligibility
in direct support of Operations Enduring Freedom and/or Iraqi Freedom.
The message also states that under no condition will any Soldier in the
United States receive this award.

11.  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.

12.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the Global War on Terrorism Expeditionary Medal
to Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi
Freedom in the following areas of eligibility (AOE):  Afghanistan,
Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti,
Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya,
Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania
(Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35
east degrees east latitude), Turkmenistan, 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, Persian Gulf, Red
Sea, Strait of Hormuz, and Suez Canal.

13.  Human Resources Command Message (Date Time Group 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.  AR 600-8-22 provides, in pertinent part, that the Overseas Service
Ribbon is authorized for award to members of the US Army upon successful
completion of overseas tours as prescribed by AR 614-30, as long as that
tour was not recognized with award of another US service/campaign medal.

15.  The 389th Engineer Battalion was recommended for award of the
Meritorious Unit Commendation for the period from 26 May 2003 through 18
December 2003. Department of the Army General Orders (DAGO) have not been
published authorizing its award to potential recipients.  Addition of this
award to a Soldier's DD Form 214 is not authorized until appropriate
orders are published.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in a hostile
fire pay area for more than 30 consecutive days in support of Operation
Enduring Freedom.  Therefore, he is entitled to award of the Global War on
Terrorism Expeditionary Medal and correction of his records to show this
service medal.

2.  The applicant served on active duty for more than 30 consecutive days
subsequent to 11 September 2001.  Therefore, he is entitled to award of the
Global War on Terrorism Service Medal and correction of his records to show
this service medal.

3.  During the applicant's prior Regular Army service, he was awarded the
Expert Marksmanship Qualification Badge, with Pistol and Hand Grenade
Bars; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar;
the Driver and Mechanic Badge; and the German Marksmanship Badge,
in Silver.  These awards were not carried over to the DD Form 214 he was
issued on 20 January 2004 from the earlier DD Form 214 that was issued to
him in accordance with applicable regulation.  He is entitled to have
these awards added to his DD Form 214 with an effective date of 20
January 2004.

4.  The applicant's overseas service was recognized with award of other
U.S. service medals.  He is not entitled to award of the Overseas Service
Ribbon for his service in Kuwait.

5.  The unit the applicant served with when he was called to active duty in
support of Operation Enduring Freedom was recommended for award of the
Meritorious Unit Commendation for the period from 26 May 2003 through
18 December 2003.  Department of the Army General Orders (DAGO) have
not been published authorizing its award to potential recipients.  Addition
of
this award to a Soldier's DD Form 214 is not authorized until appropriate
orders are published.  Therefore, the applicant will be required to submit
another application to this Board, at the appropriate time, to have this
award added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RGS  _  __SAP__  __JBG___  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.  awarding the applicant the Global War on Terrorism
Expeditionary Medal;

      b.  awarding the applicant the Global War on Terrorism Service
Medal;

      c.  adding the already awarded Expert Marksmanship Qualification
Badge, with Pistol and Hand Grenade Bars; the Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar; the Driver and Mechanic Badge; and
the German Marksmanship Badge, in Silver, to the applicant’s 20 January
2004 DD Form 214; and

      d.  providing a new separation document to reflect these changes.

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
award of the Overseas Service Ribbon and the Meritorious Unit Commendation
to the applicant's DD Form 214.




                                  ___James B. Gunlicks_____
                                            CHAIRPERSON









                                    INDEX

|CASE ID                 |AR20050006248                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060316                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   80                 |107.0034                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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