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ARMY | BCMR | CY2004 | 20040007456C070208
Original file (20040007456C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20040007456


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |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 DD Form 214 (Certificate of
Release or discharge from Active Duty) be corrected by adding foreign
service, the Global War on Terrorism Service Medal (GWOTSM), the Global War
on Terrorism Expeditionary Medal (GWOTEM) and by showing that he is
eligible for 180 days of TRICARE [a regionally managed health care program
for active duty and retired members of the uniformed services, their
families, and survivors].

2.  The applicant states that his deployment and redeployment orders
demonstrate his qualification for the requested relief.

3.  The applicant provides copies of his deployment orders for 179 days of
temporary change of station orders to the Central Command Area of
Operational Responsibility, a modification to those orders, redeployment
orders permitting him to depart Central Command Area of Operational
Responsibility, orders for award of the Good Conduct Medal and the
certificate/orders for the Army Achievement Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he served in the Regular Army from 5 June
2000 to 4 June 2004 and was honorably separated, in pay grade E-4, and
transferred to the Army Reserve (USAR) Control Group (Reinforcement) due to
the completion of required active duty service.

2.  His DD Form 214 shows he had no foreign service and that his awards
consisted of the Army Lapel Button and the National Defense Service Medal.

3.  The 29 January 2003 group orders provides for the deployment of the
applicant's unit from Fort hood, Texas to the Central Command Area of
Operational Responsibility for 179 days.  The 27 March 2003 modification
changed the effective date to 5 April 2003.

4.  The redeployment orders issued by the Commander 4th Infantry Division,
Tikrit, Iraq authorized the applicant's departure on 28 December 2003.

5.  Headquarters and Headquarters Company, 4th Infantry Division orders
awarded the applicant the Good Conduct Medal and the Headquarters,
2nd Battalion, 20th Field Artillery Regiment awarded him the Army
Achievement Medal for the period 3 June to 12 June 2001.

6.  Headquarters III Corps and Fort Hood, Texas orders 057-0228, dated
26 February 2004 ordered the applicant's release from active duty on 4 June
2004.  There was no entry concerning Tricare eligibility or the
Transitional Assistance Program.

7.  Executive Order 13289 dated 12 March 2003 established the Global War on
Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism
Service Medal (GWOTSM).  The GWOTEM is authorized to be awarded to Soldiers
who deploy abroad in designated areas (to include Iraq) for service in
global war on terrorism operations on or after 11 September 2001 to a date
to be determined.  The GWOTSM is authorized to be awarded to Soldiers who
have participated in or served in support of global war on terrorism
operations outside the designated area of eligibility for the GWOTEM.  All
Soldiers on active duty    on or after 11 September 2001 to a date to be
determined having served           30 consecutive days or 60 nonconsecutive
days are authorized the GWOTSM.

8.  Under the National Defense Authorization Act and the Emergency
Supplemental Appropriations Act for fiscal year 2004, TRICARE eligibility
for certain members separating from active duty service and their family
members was permanently extended under the Department of Defense
Transitional Assistance Management Program (TAMP) from 60 or 120 days to
180 days.  A notation concerning this eligibility is normally entered on
the separation orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant qualified for and should be authorized the GWOTSM and the
GWOTEM.

2.  The applicant had been awarded the Good Conduct Medal and the Army
Achievement Medal.

3.  The above awards should be shown on his DD Form 214.

4.  The applicant served in Iraq from 6 April 2003 until 28 December 2003 a
period of 8 months and 23 days.  This period should be shown in block 12f
(Foreign Service) of his DD Form 214.

5.  Under the National Defense Authorization Act and the Emergency
Supplemental Appropriations Act for fiscal year 2004, the applicant is
entitled to 180 days of TRICARE coverage.  Therefore, as an exception to
policy, this information should be shown in block 18 of his DD Form 214,
the benefits are to be available to the applicant for 180 days from the
date of his separation.
BOARD VOTE:

__ALR___  _MMM__  __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
showing on his 4 June 2004 DD Form 214 that:

      a.  in block 13, that in addition to the awards currently shown, he
is authorized the Good Conduct Medal, the Army Achievement Medal, the
Global War on Terrorism Expeditionary Medal and the Global War on Terrorism
Service Medal;

      b.   in block 12f, that he had 8 months and 23 days of foreign
service; and
      c.  in block 18, that Under the National Defense Authorization Act
and the Emergency Supplemental Appropriations Act for fiscal year 2004, he
is entitled to 180 days of TRICARE coverage,        .

                                            Melvin H. Meyer____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007456                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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