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ARMY | BCMR | CY2004 | 20040006920C070208
Original file (20040006920C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 June 2005
      DOCKET NUMBER:  AR20040006920


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 separation document (DD
Form 214) reflect his service in support of Operations Enduring and Iraqi
Freedom.

2.  The applicant states, in effect, that the overseas service he completed
in support of Operations Enduring and Iraqi Freedom is not recorded on his
separation document (DD Form 214).

3.  The applicant provides the following documents in support of his
application:  DD Form 214, Recommendation for Award (DA Form 638)-Army
Commendation Medal (ARCOM), ARCOM Certificate, DA Form 638-Army Achievement
Medal, AAM Certificate and United States Army Air Defense Artillery Center
(USAADAC) Permanent Orders Number 28-504.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 13 July 2000.  He was trained in, awarded and served
in military occupational specialty (MOS) 14T (Patriot Missile Crewmember),
and the highest rank he attained while serving on active duty was sergeant
(SGT).

2.  USAADAC Permanent Orders Number 28-504, dated 28 January 2003, directed
the applicant’s unit be deployed in support of Operation Enduring Freedom.


3.  A DA Form 638 on file confirms the applicant was awarded the AAM for
achievement in support of Operation Enduring Freedom from 27 December 2002
through 15 January 2003.  This award was approved by the commander of the
108th Air Defense Artillery Brigade in Kuwait, and was announced in
Permanent Orders Number 119-45 on 28 April 2003.

4.  The record also includes a DA Form 638 that confirms the applicant was
awarded the ARCOM for achievement in support of Operation Iraqi Freedom
during the period 22 February 2003 through 1 June 2003.  This award was
approved by the commander of the 108th Air Defense Artillery Brigade in
Kuwait and announced in Permanent Orders Number 122-46 on 1 May 2003.

5.  On 30 November 2003, the applicant was honorably released from active
duty by reason of expiration of term of service (ETS).  The DD Form 214 he
was issued at the time confirms he held the rank of SGT and that he had
completed a total of 3 years, 4 months and 18 days of active military
service.  Item 12F (Foreign Service) contains the entry “00  00  00”, which
indicates he completed no overseas service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the
following awards during his active duty tenure:  ARCOM (2), AAM (3), Army
Good Conduct Medal, National Defense Service Medal, Army Service Ribbon and
Driver and Mechanic Badge with Driver A Bar.  Item 18 (Remarks) contains no
foreign service entry.

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 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 in
designated Areas of Expedition (AOE), 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.

9.  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.

10.  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 record does not reflect his foreign
service in support of Operations Enduring and Iraqi Freedom was carefully
considered and found to have merit.

2.  The evidence of record confirms the applicant served on active duty
from
13 July 2000 through 30 November 2003, and that he served in Kuwait, an
authorized AOE,  in support of Operations Enduring and Iraqi Freedom from
27 December 2002 through 1 June 2003.  Therefore, he is entitled to both
the GWOTSM and GWOTEM.

3.  By regulation, Item 18 of the DD Form 214 will contain an entry to
document the country in which a Soldier completed overseas service as part
of a deployment.  In this case, the applicant served in Kuwait during the
period
27 December 2002 through 1 June 2003.  Therefore, it would be appropriate
to amend the applicant’s DD Form 214 as follows:  Item 12f - delete the
current entry and replace it with the entry “00  05  05”; and by adding the
following entry to Item 18 "SERVICE IN KUWAIT FROM 20021227-20030601”.
BOARD VOTE:

___JNS _  __HOF __  ___LDS_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his 30 November 2003 DD Form 214 as follows:  Item 12f - by
deleting the current entry and replacing it with the entry “00  05  05”;
Item 13 - by adding the Global War on Terrorism Expeditionary Medal and
Global War on Terrorism Service Medal; and Item 18 - by adding the entry
"SERVICE IN KUWAIT FROM 20021227-20030601”; and by providing him a
corrected separation document that reflects these changes.




            ____John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006920                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/11/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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