RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         28 March 2006
      DOCKET NUMBER:  AR20050012596


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Larry J. Olson                |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 all awards he received as a
result of his service in Kuwait and Iraq be added to his record.

2.  The applicant states, in effect, that while deployed to Kuwait and
Iraq, he earned the Army Commendation Medal (ARCOM), Bronze Star Medal
(BSM), Armed Forces Expeditionary Medal (AFEM), Overseas Service Ribbon
(OSR), and Presidential Unit Citation (PUC).

3.  The applicant provides the following documents in support of his
application:  Deployment Orders; BSM Certificate; and ARCOM Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he was appointed a second lieutenant
and entered active duty in a commissioned officer status on 31 May 1997.
He was promoted to captain (CPT) on 1 December 2000, and this is the
highest rank he held while serving on active duty.

2.  Headquarters, 3rd Infantry Division Permanent Orders Number 213-1,
dated
1 August 2002, directed the deployment of elements of the applicant's unit
to Kuwait, in support of Operation Desert Spring, on or about 10 September
2202.  The applicant's name was included in the roster of personnel
scheduled to move on these orders in an attachment to the orders.

3.  The applicant's record includes an Officer Record Brief (ORB) prepared
in conjunction with his separation in 2003.  Section VIII (Awards and
Decorations) shows that he earned the following awards during his active
duty tenure:  ARCOM; Army Achievement Medal (AAM), 2nd Award; National
Defense Service Medal (NDSM); and Army Service Ribbon (ASR).  His record is
void of any documents or orders showing he received awards that are not
listed on the ORB.

4.  On 10 September 2003, the applicant was honorably separated after
completing 6 years, 3 months, and 10 days of active military service.  Item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) of the separation document (DD Form 214) he was issued at the
time shows he earned the following awards:  ARCOM; AAM (2); NDSM; AFEM;
ASR; Army Lapel Button; and Air Assault Badge.

5.  Item 18 (Remarks) of the applicant's DD Form 214 contains an entry that
indicates the applicant served in Operation Desert Freedom from 10
September 2002 through 21 May 2003.  The applicant authenticated the DD
Form 214 with his signature in Item 21 (Signature of Member Being
Separated).

6.  The applicant provides a BSM Certificate that shows he was awarded the
BSM for his exceptionally meritorious achievement while serving in support
of Operation Iraqi Freedom in Iraq from 20 March 2003 through 30 April
2003.  This document also confirms the award was authorized in 3rd Infantry
Division Orders Number 125-265, dated 5 May 2003.

7.  The applicant also provides an ARCOM Certificate that shows he was
awarded the ARCOM for his exceptionally meritorious service during the
period 27 July 2001 through 27 June 2003.  The certificate also confirms
the award was authorized in 3rd Infantry Division Orders Number 174-016,
dated 23 June 2003.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-4 contains
guidance on the OSR.  It states that it is awarded for successful
completion of overseas tours.  It stipulates that the OSR will not be
awarded for overseas service recognized with another United States service
medal.

9.  Military Personnel (MILPER) Message 00-102, dated 14 February 2000,
authorized the AFEM for Operation Desert Spring (ODS) beginning on
31 December 1998 to a date to be determined in the expanded area of
eligibility (AOE) of Iraq operations in Southwest Asia (SWA).  The AOE of
ODS was identified, in pertinent part, as the total land area Iraq, Saudi
Arabia, Kuwait, Bahrain, Qatar, United Arab Emerates, Oman, Yeman, Eqypt,
and Jordan.  The eligibility criteria required a member to be a member of a
unit engaged in the operation, or be engaged in or provide direct support
for 30 consecutive days, or 60 non-consecutive days in the AOE.

10.  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.

11.  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 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.

12.  Human Resources Command Message (Date Time Group 17 March 2004)
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.

13.  On 21 September 2004, a Department of the Army Policy Letter, Subject:
 AFEM-Termination Date for Award of the AFEM for Operations in SWA.  This
policy letter 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.

14.  HRC Military Awards Branch Message, dated 8 April 2005, provided the
following implementing instructions for award of the Iraq Campaign Medal
(ICM). It indicates that the ICM was authorized 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 AOE 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.  The basic qualification requirement is being assigned or
attached to or mobilized with units operating in these areas of eligibility
for 30 consecutive days or for 60 non-consecutive days.  Only one award of
the ICM may be authorized for any individual.

15.  The ICM implementing message further stated that effective 30 April
2005, the GWOTEM is no longer authorized for service in Iraq; however,
service members who qualified for the GWOTEM by reason of service between
19 March 2003 and 30 April  2005 in an area for which the ICM was
subsequently authorized shall remain qualified for the GWOTEM.  Upon
application, any such service member may be awarded the ICM in lieu of the
GWOTEM for such service; however, no service member shall be entitled to
award of the ICM and GWOTEM for the same act, achievement or period of
service.

16.  The Human Resources Command (HRC) Military Awards Branch Numerical
Unit Listing of Awards lists the unit awards authorized by unit.  The
listing for the applicant's unit (64th Armor) does not indicate it received
the PUC, or any other unit awards during his tenure of assignment.

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 also shows that he served in the authorized AOE of Kuwait from on
or about
10 September 2002 through on or about 19 March 2003, and in Iraq from
20 March 2003 through 30 April 2003.  It further shows that he was awarded
the AFEM for his service in support of ODS in Kuwait, and that this award
is listed in his record and separation document.

2.  The evidence further confirms that based on the applicant's active duty
service in the United States after 11 September 2001, he is entitled to the
GWOTSM.  He is also entitled to the ICM for his service in Iraq in support
of Operation Iraqi Freedom.  He is not entitled to the GWOTEM because he
cannot be authorized this award for the same period for which the AFEM or
ICM is authorized.

3.  The applicant also provides a copy of an ARCOM Certificate, which
indicates he received the ARCOM for his meritorious service between 27 July
2001 and
27 June 2003.  His record is void of any orders or other documents
indicating he received a second award of the ARCOM during his active duty
tenure.  His ORB and DD Form 214 already include the ARCOM in authorized
awards listed.  As a result, no further correction is required regarding
this award.

4.  The evidence of record also is void of any indication that the
applicant's unit received a unit award during the period of the applicant's
assignment.  As a result, there is an insufficient evidentiary basis to
support award of the PUC, or any other unit award at this time.

5.  Further, by regulation, the OSR is not authorized for a period of
overseas service for which another service medal has been awarded.  In this
case, the applicant earned the AFEM for his service in Kuwait and the ICM
for his service in Iraq.  Therefore, he is not entitled to the OSR for his
service in SWA.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___BJE _  __LJO___  __RDG _  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
Bronze Star Medal, Global War on Terrorism Service Medal, and Iraq Campaign
Medal; and by providing him a correction to his separation document that
includes these awards.

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 Army Commendation Medal, Global War on Terrorism Expeditionary Medal,
Armed Forces Expeditionary Medal, and Overseas Service Ribbon.




                                  _____Barbara J. Ellis_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012596                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/09/16                              |
|DISCHARGE AUTHORITY     |AR 600-8-24                             |
|DISCHARGE REASON        |General Reasons                         |
|BOARD DECISION          |Grant Partial                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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