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ARMY | BCMR | CY2004 | 20040010373C070208
Original file (20040010373C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 September 2005
      DOCKET NUMBER:  AR20040010373


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |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 correction of Item 7b (Home of Record at Time of
Entry) of his DD Form 214 (Certificate of Release or Discharge From Active
Duty) to show ZIP Code 74464 instead of ZIP Code 75565.  He also requests
that Item 18 (Remarks) of his DD From 214 be corrected to show service in
Southwest Asia from 20030302 to 20030705 instead of 20040402 to 20040705,
which is currently shown.  Lastly, in a follow-up e-mail to the Board
staff, the applicant requests addition of the following awards to his DD
Form 214: the Global War on Terrorism Expeditionary Medal (GWOTEM); the
Global War on Terrorism Service Medal (GWOTSM); the Iraq Campaign Medal
(ICM); and, the Valorous Unit Award.

2.  The applicant states that the ZIP Code, currently shown in Item 7b of
his DD Form 214 for Tahlequah, Oklahoma, is incorrect.  He also states that
the Southwest Asia service, currently shown in Item 18, cannot be correct
since he retired on 31 December 2003.  Lastly, the applicant states that
the GWOTEM, the GWOTSM, the ICM, and the Valorous Unit Award are missing
from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and Headquarters, 4th
Infantry Division (Mechanized) Orders Number 030-01, dated 30 January 2003,
announcing deployment of 1st Brigade, 4th Infantry Division (Mechanized) to
the Southwest Asia Theater of Operations.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he served on active duty in
the Regular Army from August 1979 to June 1983.  He reenlisted on 17 June
1987 and remained on active duty, through series of reenlistments, until
being honorably separated in pay grade E-6 on 31 December 2003 and placed
on the retired list the following day.  The records also show that his last
assignment, prior to his retirement, was with Company C, 1st Battalion, 22d
Infantry at Fort Hood, Texas.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows that he is
entitled to the following awards: the Meritorious Service Medal; the Army
Commendation Medal (2d Award); the Army Achievement Medal (4th Award); the
Army Good Conduct Medal (6th Award); the National Defense Service Medal (2d
Award); the Southwest Asia Service Medal with three bronze service stars;
the Noncommissioned Officer Professional Development Ribbon with Numeral 2;
the Army Service Ribbon; the Overseas Service Ribbon with Numeral 3; the
Kuwait Liberation Medal (Kuwait); the Kuwait Liberation Medal (Saudi
Arabia) the Combat Infantryman Badge (2d Award); and, the Expert
Marksmanship Badge with Rifle Bar.  No other awards or decorations are
listed.

3.  Review of the US Postal Service ZIP Code Directory shows that the
general delivery address for Tahlequah, Oklahoma is 74464.

4.  A Noncommissioned Officer Evaluation Report (NCOER), dated 1 August
2003, prepared at Fort Hood, Texas, and covering the period November 2002
to July 2003 indicates that the applicant deployed to Iraq in support of
Operation Iraqi Freedom.  The exact dates of deployment are not shown in
this NCOER.

5.  Headquarters, U.S. Army Human Resources Command (HRC) message, dated
17 March 2004, announced implementing instructions for the GWOTEM and the
GWOTSM.  In pertinent part, the message states that these medals will be
awarded to recognize members of the armed forces of the United States
serving in or in support of the Global War on Terrorism operations, on or
after 11 September 2001 to date to be determined.

6.  Initial award of the GWOTEM is limited to Soldiers deployed abroad in
operations Enduring Freedom and Iraqi Freedom in the following Department
of Defense designated specific geographic areas of eligibility:
Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia,
Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan,
Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania
(Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35
degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan,
Yemen, that portion of the Arabian Sea north of 10 degrees north latitude
and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of
Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea
east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz,
and Suez Canal.  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 nonconsecutive days.

7.  Award of the GWOTSM is authorized to Soldiers who have participated in
or served in support of Global War on Terrorism operations outside of the
designated area of operations as outlined in paragraph six above.  Initial
award of the GWOTSM will be limited to airport security operations (from 27
September 2001 through 31 May 2002) and Soldiers who supported Operations
Noble Eagle, Enduring Freedom, and Iraqi Freedom.  As with the GWOTEM, a
Soldier must have served 30 consecutive, or 60 nonconsecutive days.  HRC
Awards Branch personnel have advised that the GWOTSM has been awarded, and
will continue to be awarded, to all Army personnel who serve on active duty
for 30 consecutive days, or more, regardless of where they serve (the same
criteria as the National Defense Service Medal).

8.  Soldiers may receive both the GWOTEM and the GWOTSM if they meet the
requirements of both awards.  However, the same period of service
establishing eligibility for one cannot be used to justify service
eligibility for the other.

9.  Military Awards Branch Message dated 8 April 2005 provided implementing
instructions for award of the ICM.  Award of the ICM 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.

10.  Only one award of the ICM may be authorized for any individual.
Service stars are not prescribed for wear with this medal; however, the ICM
may be awarded with the bronze arrowhead device to eligible Soldiers.
Effective 30 April 2005, the 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 ICM in lieu of the GWOTEM for such service; however, no service
member shall be entitled to award of the ICM and the GWOTEM for the same
act, achievement or period of service.

11.  The HRC Military Awards Branch maintains a database showing unit
awards for units that participated in Operation Iraqi Freedom.  This
database lists units both numerically and alphabetically.  A review of the
database shows that, to date, several units are pending approval of unit
awards.  However, there is no indication that the 1st Battalion, 22d
Infantry has been awarded the Valorous Unit Award, nor is it pending
approval of any unit awards.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record indicates that the ZIP Code currently shown in Item
7b of the applicant’s DD Form 214 is incorrect.  Therefore, he is entitled
to correction of this Item to show ZIP Code 74464.

2.  Evidence of record shows the applicant deployed to Iraq with 1st
Battalion, 22d Infantry, 4th Infantry Division in support of Operation
Iraqi Freedom.  While there is no data in his records that indicate the
exact dates of his deployment, there is also no reason to question the
validity of his contention that he served in the theater from 2 March to 5
July 2003.  Given the fact that he left active service on 31 December 2003,
it is obvious that the dates currently shown in Item 18 of his DD Form 214
are clearly in error.  Therefore, it would be in the interest of justice to
correct this error and change the dates of his Southwest Asia service from
20040402 - 20040705 to 20030302 - 20030705.

3.  The evidence of record shows that the applicant served in Iraq for more
than 30 consecutive days in support of Operation Iraqi Freedom.  Therefore,
he is entitled to award of the ICM and correction of his records to show
this service medal.

4.  The evidence of record shows that the applicant served on active duty
for more than 30 consecutive days subsequent to 11 September 2001.
Therefore, he is entitled to award of the GWOTSM and correction of his
records to show this service medal.

5.  There are no orders, or other form evidence, that shows the unit, to
which the applicant was assigned during Operation Iraqi Freedom, was cited
for award of the Valorous Unit Award.  Therefore, he is not entitled to
correction of his records to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jch __  ___teo___  ___phm__  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:

      a. correcting Item 7b of his DD Form 214 to show ZIP Code 74464;


      b. correcting the dates of service in Southwest Asia in Item 18 of his
DD Form 214 from 20040402 - 20040705 to 20030302 – 20030705;


      c. showing award of the ICM; and,


      d. showing award of the GWOTSM.


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
award of the Valorous Unit Award.




            _________James C. Hise_____________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010373                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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