RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 May 2005
      DOCKET NUMBER:  AR20040004869


      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. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 records be corrected to
show his participation in Operation Iraqi Freedom and/or Operation Enduring
Freedom.

2.  The applicant states, in effect, that there is no record of his
participation in Operation Iraqi/Enduring Freedom on his separation
document.  As a result, he did not receive the awards to which he was
entitled based on this service.

3.  The applicant provides a copy of orders assigning him to Italy for
deployment  in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 15 August 2001.  He successfully completed training
and was awarded military occupational specialty (MOS) 31S (SATCOM System
Operator).

2.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows that
upon completion of his training he was assigned to Italy.  He arrived in
Italy on
3 November 2002 and was assigned to the 509th Signal Battalion.

3.  It appears the applicant returned home on emergency leave sometime in
April 2003 and was ultimately attached to local unit in California in order
to process a request for hardship discharge.  This request was based on his
need to care for his 17 year old brother, which became necessary due to the
illness and ultimate death of his mother.

4.  On 4 December 2003, the applicant was honorably separated, by reason
of hardship discharge, after completing a total of 2 years, 3 months and 20
days
of active military service.

5.  The DD Form 214 he was issued upon his separation shows, in Item 12f
(Foreign Service), that he completed 3 months and 29 days of overseas
service. Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) shows that during his active duty tenure, he
earned the National Defense Service Medal, Army Service Ribbon, Overseas
Service Ribbon and Marksman Qualification Badge with Rifle Bar.  The
applicant authenticated this document with his signature in Item 21
(Signature of Member Being Separated).

6.  The applicant provides a copy of Headquarters, 5th Signal Command
Orders Number 078-12, dated 19 March 2003.  These orders assigned the
applicant to Headquarters and Headquarters Company, 173rd Airborne Brigade
for the purpose of supporting Operation Enduring Freedom.  The applicant’s
will proceed date was established as 21 March 2003.  However, the record is
void of any indication that the applicant was actually deployed out of
Italy as a result of these orders.

7.  Executive Order Number 13289, dated 12 March 2003, established two new
medals for service in the Global War on Terrorism (GWOT).  They are the
Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on
Terrorism Service Medal (GWOTSM).  These medals are awarded to recognize
all members of the Armed Forces of the United States serving in or in
support of GWOT operations on or after 11 September 2001.

8.  The GWOTEM is authorized to be awarded to Soldiers who deploy abroad
for service in GWOT operations on or after 11 September 2001.  Initial
award is limited to Soldiers deployed abroad in operations Enduring Freedom
and Iraqi Freedom in a designated area of expedition (AOE).  Italy is not
included as a qualifying AOE.

9.  The guidance specifies that to be eligible for the GWOTEM, a Soldier
must be assigned, attached or mobilized to a unit participating in
designated operations for 30 consecutive days or 60 non-consecutive days,
or meet one of the following criteria:  (a)  be engaged in actual 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; (b)  is killed or wounded/injured requiring medical evacuation from
the AOE;  (c)  Soldiers participating as a regularly assigned air crew
member flying sorties into, out of, within, or over an AOE in direct
support of operations Enduring Freedom and/or Iraqi Freedom, each day that
one or more sorties are flown counts as one toward the
30 consecutive or 60 non-consecutive day requirement.  Finally, under no
conditions will any Soldiers in the United States receive the GWOTEM.  Only
Soldiers serving in an operationally deployed status in a designated AOE
are eligible for the GWOTEM.

10.  The GWOTSM is authorized to be awarded to Soldiers who have
participated in or served in support of GWOT operations outside a
designated AOE on or after 11 September 2001.  Initial award of the GWOTSM
will be limited to airport security operations from 27 September 2001
through 31 May 2002, who supported operations Noble Eagle, Enduring Freedom
and Iraqi Freedom.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized and National Guard Soldiers activated on or
after 11 September 2001, having served 30 consecutive days or 60 non-
consecutive days, are authorized the GWOTSM.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains DD Form 214 item-by-item preparation instructions.
 The instructions for Item 18 (Remarks) state, in pertinent part, that the
entry “"SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD - YYYYMMDD)" will be included for an active duty Soldier
deployed with his or her unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his participation in Operation Iraqi
Freedom and/or Operation Enduring Freedom is not reflected on his DD Form
214 and the supporting documents he submitted were carefully considered.

2.  Although the governing regulation authorizes an Item 18 entry to
document deployed service, the evidence of record in this case confirms
only that the applicant served overseas in Italy.  There is no evidence
confirming that the applicant actually deployed as indicated in the orders
he provides.  The record indicates that around this timeframe the applicant
actually returned to the United States on emergency leave and was
ultimately discharged without returning to his overseas unit.  As a result,
there is an insufficient evidentiary basis to document that he served in
support of Operations Iraqi and/or Enduring Freedom on his DD Form 214, or
to support his receiving the GWOTEM.

3.  The evidence of record does confirm the applicant’s entitlement to the
GWOTSM based on his service in support of the GWOT on or after
11 September 2001.  The omission of this award from his DD Form 214 is an
administrative matter that does not require Board action.  Thus, correction
of the applicant's records will be accomplished by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____BPI_  ___AU___  ___JLP _  DENY APPLICATION

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the Global War on Terrorism Service
Medal Global War; and by providing him a corrected separation document that
includes this award.




            ____Jennifer L. Prater_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040004869                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/12/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Hardship Discharge                      |
|BOARD DECISION          |DENY with Admin Note                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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