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ARMY | BCMR | CY2004 | 20040010538C070208
Original file (20040010538C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 22 September 2005
      DOCKET NUMBER:   AR20040010538


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Michael 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.  TThe applicant requests that his report of separation (DD Form 214) be
corrected to reflect his service in Iraq.

2.  The applicant states that his DD Form 214 does not reflect his service
in Iraq.

3.  The applicant provides a memorandum from his commander indicating his
service in Iraq in support of Operation Iraqi Freedom during the period of
27 March 2003 to 15 May 2004.

CONSIDERATION OF EVIDENCE:

1.  He enlisted at Fort Buchanan, Puerto Rico on 21 June 2001 for a period
of     3 years, training as a food service specialist and a $5,000 cash
enlistment bonus. He successfully completed his basic, advanced and
airborne training before being transferred to Italy on 19 February 2002,
for a 24-month tour.  He was assigned to Headquarters and Headquarters
Company, 1st Battalion, 508th Infantry Regiment (Airborne).  He was
advanced to the pay grade of E-4 on 1January 2003.

2.  Although the facts and circumstances surrounding his discharge are not
present in the available records, they do show that he was honorably
discharged on 15 March 2004, under the provisions of Army Regulation 635-
40, paragraph  4-24B(3), due to disability with severance pay.  He had
served 2 years, 8 months and 25 days of total active service and was paid
10% disability severance pay in the amount of $9,010.65.  He was awarded
the National Defense Service Medal, the Army Service Ribbon, the Overseas
Service Ribbon and the Parachutist Badge.  His discharge orders were
published in Italy on 2 February 2004 and listed his unit as the 173rd
Airborne Brigade Rear Detachment.

3.  The memorandum provided by the applicant with his application states
that the applicant served with his unit in a deployment in support of
Operation Iraqi Freedom during the period of 27 March 2003 to 1 May 2004,
which conflicts with the applicant’s separation date.

4.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal 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 or meet one of the following criteria:  a)
be engaged in combat during an armed engagement, regardless of the time in
the area of eligibility; b) be medically evacuated from the area of
eligibility for wounds or injuries resulting from participation in an
operation or official duties; or c) participates as a regularly assigned
air crewmember flying sorties into, out of, within or over the area of
eligibility in direct support of the military operations [each day of
operations counts as one day of eligibility].  This campaign medal may be
awarded posthumously.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s commander has confirmed that the applicant
served in Iraq in support of Operation Iraqi Freedom, the dates of the
applicant’s deployment are in conflict with the evidence of record.  His
separation order, dated 2 February 2004, lists him as being assigned to the
rear detachment in Vicenza, Italy.  Additionally, he was discharged on 15
March 2004.  Therefore, it is unlikely that he served in Iraq until 15 May
2004 as the commander’s memorandum states.

2.  Although the available evidence of record does not contain sufficient
evidence to establish the dates he served in Iraq, for entry on his DD Form
214, he is entitled to be awarded the Iraq Campaign Medal for his service
in Iraq.

3.  Therefore, lacking sufficient evidence to establish the dates he served
in Iraq, in support of Operation Iraqi Freedom, there is no basis to make
that entry on his records at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_____JA_  ___BI___  ___MF___  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 awarding him the Iraq Campaign Medal.

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
listing his dates of service in Iraq in support of Operation Iraqi Freedom
on his DD Form 214.




            _____James Anderholm_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010538                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/22                              |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20040315                                |
|DISCHARGE AUTHORITY     |AR 635-40, Para 4-24B(3). . . . .       |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-1856                              |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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