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ARMY | BCMR | CY2004 | 040005531C070208
Original file (040005531C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 MAY 2005
      DOCKET NUMBER:  AR20040005531


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 the time of his deployment in Iraq in
support of Operation Iraqi Freedom be annotated on his separation document.
 He also asks that he be awarded any decorations he may be entitled to as a
result of that deployment.  In response to a telephonic inquiry by a member
of the Board’s staff, the applicant indicated that he wished to be awarded
the Iraq Campaign Medal vice the Global War on Terrorism Expeditionary
Medal

2.  The applicant states that his “Iraq deployment” is not annotated on his
separation document.

3.  The applicant provides a copy of his separation document, a copy of his
Department of the Army Form 2-1 (Personnel Qualification Record), and a
copy of his Automated Enlisted Record Brief.  He also submits a copy a
Personnel Action form requesting voluntary retirement, a copy of his leave
authorization document, a copy of a recommendation for award of the
Meritorious Service Medal, a copy of his Army Commendation Medal
certificate awarded in recognition of his service in Iraq, and a copy of a
statement documenting his service in Iraq.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 21 July 1983 and served continuously until his retirement
for length of service on 30 November 2003.

2.  Several documents, provided by the applicant in support of his request,
including his application for voluntary retirement, his Meritorious Service
Medal award recommendation, his request for permissive TDY (temporary duty)
in conjunction with his transition leave, and his Army Commendation Medal
certificate all confirm that he was deployed to Iraq.  An August 2003
memorandum, issued as part of the PERSTEMPO (Personnel Tempo) project
indicates that the applicant was deployed to Iraq between 28 March 2003 and

6 August 2003.  His Army Commendation Medal, however recognized his service
in support of Operation Iraqi Freedom between 30 March 2003 and 15 June
2003.





3.  PERSTEMPO resulted from a congressional act that directed all service
to manage the Personnel Tempo of their service members and mandated as part
of the National Defense Authorization Act of 2000 and 2001.  It directed
that all services develop a means to track the amount of time a service
member spends away from home on deployments.

4.  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.

5.  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.  Battalion commanders and commanders of separate units are
authorized to award the Global War on Terrorism Service Medal to qualified
personnel.  Permanent orders are NOT required.

6.  Military Awards Branch Message, dated 8 April 2005, provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is 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 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 one of the following criteria:  a)
be engaged in combat during an armed engagement, regardless of the time in
the area of eligibility; b) be medically evacuated from the area of
eligibility for wounds or injuries resulting from participation in an
operation or official duties; or c)




participates as a regularly assigned air crewmember flying sorties into,
out of, within or over the area of eligibility in direct support of the
military operations [each day of operations counts as one day of
eligibility].  This campaign medal may be awarded posthumously.

7.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.  Service stars are not prescribed for wear with this medal;
however, the Iraq Campaign Medal may be awarded with the bronze arrowhead
device to eligible Soldiers.  Effective 30 April 2005, the Global War on
Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be
awarded 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 Iraq Campaign Medal was subsequently authorized shall
remain qualified for the GWOTEM.  Upon application, any such service member
may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such
service; however, no service member shall be entitled to award of the Iraq
Campaign Medal and the GWOTEM for the same act, achievement or period of
service.

8.  Army Regulation 635-5 provides instructions for the preparation and
issuance of the DD Form 214, and requires that the record of foreign
service, e.g., years, months, and days, be entered on that form; however,
it does not provide for entries showing the location of the foreign service
for Regular Army Soldiers.  Item 12f (foreign service) on the applicant’s
separation document captures the applicant’s more than 4 years of foreign
service which included tours of duty in Germany, Cuba, and Iraq.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was on active duty on 11 September 2001 and as such is
entitled to award of the Global War on Terrorism Service Medal.

2.  The evidence confirms that the applicant was deployed to Iraq in
support of Operation Iraqi Freedom for at least 30 consecutive days and as
such, based on his request, is entitled to the Iraq Campaign Medal.  His
records should be corrected accordingly.

3.  The evidence does confirm that the applicant had several years of
overseas service, which included his deployment to Iraq.  His foreign
service is appropriately recorded in item 12f on his separation document.
There is no requirement to show the location of his foreign service on his
DD Form 214.  In this respect, there is no error and his record is correct.
 His award of the Iraq Campaign Medal confirms his service in Iraq.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS___  ___RD __  __CD___  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 showing that he is entitled to the Global War on
Terrorism Service Medal and the Iraq Campaign Medal.

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
a separate entry on his separation document showing service in Iraq.




                                  _______John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005531                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050517                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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