Search Decisions

Decision Text

ARMY | BCMR | CY2004 | 20040006195C070208
Original file (20040006195C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 May 2005
      DOCKET NUMBER:   AR20040006195


      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:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Item 18 (Remarks) of his
separation document (DD Form 214) reflect he served in Pakistan instead of
Kuwait, as is currently listed; and that all awards to which he is entitled
be added to Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of his DD Form 214.

2.  The applicant states, in effect, that he served in Pakistan and not
Kuwait, as is indicated on his DD Form 214.  He also indicates that he
should have earned the Armed Forces Expeditionary Medal (AFEM), a shoulder
insignia and other unit awards that are not included in his separation
document.  He also requests that any awards he may not be aware of also be
added to his separation document.

3.  The applicant provides the following documents in support of his
application: AFEM Authorization Memorandum, Operation Enduring Freedom
Participation Memorandum, and Shoulder Insignia Authorization Memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record confirms he enlisted in the Regular Army and
entered active duty on 30 June 1999.  He was trained in, awarded and served
in military occupational specialty (MOS) 11B1P (Infantryman/Parachutist)
and the highest rank he attained while serving on active duty was
specialist (SPC).

2.  On 26 October 2003, the applicant was honorably separated at the
completion of his required service.  The DD Form 214 he was issued at the
time confirms he completed a total of 4 years, 3 months and 27 days of
active military service and completed 1 month and 29 days of overseas
service.

3.  Item 13 of the applicant’s DD Form 214 shows that he earned the
following awards during his active duty tenure:  Army Good Conduct Medal,
National Defense Service Medal, Army Lapel Button, Army Service Ribbon and
Parachutist Badge.  Item 18 shows that he served in Kuwait from 10 October
through 8 December 2001.  The applicant authenticated the DD Form 214 with
his signature in Item 21 (Signature of Member Being Separated).

4.  The applicant provides a Headquarters, 75th Ranger Regiment Movement
Order, dated 21 September 2001, which indicates his unit (3rd Battalion,
75th Ranger Regiment) was scheduled to deploy in support of Operation
Enduring Freedom.   It also indicates that unit members would travel to an
unspecified location.  He also provides a unit memorandum, dated 13
December 2001, that indicates he was deployed in support of Operation
Enduring Freedom.
5.  The applicant also provides a copy of Headquarters, 3rd Battalion,
75th Ranger Regiment Permanent Orders Number 100-375, dated 10 April 2002.
These orders awarded his unit the Shoulder Sleeve Insignia.  He also
provides a unit memorandum, dated 10 May 2002, that indicates members of
the unit were eligible for the AFEM based on his involvement in combat
operations in Afghanistan between 10 October 2001 and 7 January 2002.

6.  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 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.

7.  The GWOTEM is authorized for 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).  Kuwait is included as a
qualifying AOE.  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.  Further stipulated is that
under 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.

8.  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.

9.  Department of the Army Letter, dated 21 September 2004, established the
policy for award of the GWOTEM for Soldiers who were awarded the AFEM for
Southwest Asia (SWA) operations.  It states, in pertinent part, that
Soldiers who were deployed in SWA between 11 September 2001 and 18 March
2003 can elect to be awarded the AFEM or GWOTEM, but may not be awarded
both for the same period.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he served in Pakistan and not Kuwait,
and that he is entitled to the AFEM and the supporting documents he
provided were carefully considered.  However, the evidence of record
includes a DD Form 214 that contains an entry that indicates he served in
Kuwait between 10 October 2001 and 8 December 2001.  Further, the AFEM is
not included in the list of awards entered on the separation document.  The
applicant authenticated the DD Form 214 with his signature in Item 21.  In
effect, his signature was his verification that the information it
contained, to include the Item 13 and
Item 18 entries in question, was correct at the time the document was
prepared and issued.

2.  The documentary evidence submitted by the applicant shows he was among
a group of Soldiers recommended for the AFEM.  However, while confirming
his deployment to SWA in support of Operation Enduring Freedom, they do not
confirm service in Pakistan, or that his AFEM was awarded by proper
authority. Further, given these documents were prepared more than five
months prior to his separation, it is reasonable to presume that had he
served in Pakistan and had the AFEM been approved, this information would
have been properly documented on his DD Form 214.  Absent any evidence of
record to corroborate the information these documents contain, they provide
an insufficient evidentiary basis to change his separation document at this
time.  The applicant is further advised that the Shoulder Sleeve Insignia
is an item of wear on the uniform and is not an authorized award that would
require an entry on the DD Form 214.

3.  The evidence of record does confirm the applicant’s entitlement to the
GWOTSM, based on his service in support of GWOT operations on or after
11 September 2001.  It also verifies his entitlement to the GWOTEM based on
deployment abroad to a designated AOE in support of Operation Enduring
Freedom from 10 October through 8 December 2001.  The omission of these
awards from his record and DD Form 214 is an administrative matter that
does not require Board action.  Therefore, administrative 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

___FE __  ___LDS__  ___MJF_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 by showing his entitlement to the Global War on Terrorism Service
Medal and Global War on Terrorism Expeditionary Medal; and by providing him
a corrected separation document that includes these awards.




            ____Fred Eichorn_______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006195                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/10/26                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080011540

    Original file (20080011540.txt) Auto-classification: Approved

    The memorandum also shows the applicant’s unit commander stated that he was approved for award of the Shoulder Sleeve Insignia, the Global War on Terrorism Expeditionary Medal, and one Overseas Service Bar. The evidence of record also shows the applicant was approved for award of the Shoulder Sleeve Insignia. The evidence of record shows the applicant served in support of Operation Enduring Freedom from 10 February to 6 July 2003, a period of 4 months and 26 days.

  • ARMY | BCMR | CY2008 | 20080005361

    Original file (20080005361.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater. Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under...

  • ARMY | BCMR | CY2013 | 20130009791

    Original file (20130009791.txt) Auto-classification: Approved

    U.S. Central Command Permanent Orders GB-609, dated 16 May 2002, awarded him the Joint Service Commendation Medal (JSCM) for the period 9 December 2001 through 5 June 2002. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. It states for item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their...

  • ARMY | BCMR | CY2008 | 20080007002

    Original file (20080007002.txt) Auto-classification: Approved

    Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) 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 time in the AOE, (2) is killed, wounded or injured requiring medical evacuation from the AOE while participating in the...

  • ARMY | BCMR | CY2006 | 20060015751

    Original file (20060015751.txt) Auto-classification: Approved

    The applicant states, in effect, that he served overseas in combat and his dates of service in Kuwait and Iraq are not shown on his DD Form 214. Based on his service in Iraq in support of Operation Iraqi Freedom, the applicant is entitled to award of the Iraq Campaign Medal. Evidence of record shows the applicant served in Kuwait and Iraq from 13 February 2003 to 22 August 2003.

  • ARMY | BCMR | CY2004 | 2004105990C070208

    Original file (2004105990C070208.doc) Auto-classification: Approved

    The applicant states, in effect, that she served overseas in support of Operation Enduring Freedom; however, this service was not recorded in her record or separation document and she received no service awards for this period of service. These medals will be awarded to recognize all members of the Armed Forces of the United States serving in or in support of Global War on Terrorism Operations on or after 11 September 2001. The evidence of record confirms the applicant was deployed to...

  • ARMY | BCMR | CY2010 | 20100025506

    Original file (20100025506.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have...

  • ARMY | BCMR | CY2008 | 20080016474

    Original file (20080016474.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal. It is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined. Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM)...

  • ARMY | BCMR | CY2011 | 20110001464

    Original file (20110001464.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was deployed in support of Operation Enduring Freedom and the wartime ribbon for this deployment. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM...

  • ARMY | BCMR | CY2006 | 20060011229C071113

    Original file (20060011229C071113.doc) Auto-classification: Approved

    The applicant's military service records contain a DD Form 214, with an effective date of 29 September 2004. The applicant was discharged by reason of misconduct; therefore, is not entitled to correction of his records to show an award of the Good Conduct Medal. 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 Global War on Terrorism Service Medal and the Marksman...