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ARMY | BCMR | CY2004 | 20040010953C070208
Original file (20040010953C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040010953


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 award of the Global War on Terrorism
Expeditionary Medal, Global War on Terrorism Service Medal, National
Defense Service Medal (second award), and the Army Good Conduct Medal.  He
also requests that his record be corrected to show his service in
Afghanistan.

2.  The applicant states that awards were initiated for him after his
discharge.  There is no mention of his service in Afghanistan.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve for 8 years on 19 December
1985.  He served on active duty for training at Fort Leonard Wood, Missouri
from 2 May 1986 to 12 August 1986.  He was discharged from the Army Reserve
upon his enlistment in the Massachusetts Army National Guard on 23 October
1986.  On 15 October 1992 the applicant was discharged from the Army
National Guard because of unsatisfactory participation and transferred to
the Army Reserve Control Group (Annual Training) at St. Louis.

2.  On 27 September 1999 the applicant enlisted in the Regular Army for 3
years in pay grade E-4.

3.  On 19 June 2002 the applicant extended his 3-year enlistment for 6
months because of contingency deployment conditions.

4.  On 8 December 2002 the applicant, then a member of Company A,
  1st Battalion, 505th Parachute Infantry Regiment, was awarded the Army
Commendation Medal for meritorious service during combat operations in
support of Operation Enduring Freedom.  The certificate reflecting that
award shows that he provided combat support for Task Force Panther’s fight
against terrorism in Afghanistan.  The period of the award was 7 July 2002
to 14 January 2003.

5.  The applicant was discharged with an honorable characterization of
service in the rank of sergeant on 26 March 2003.  His DD Form 214 shows
award of the Army Commendation Medal, Army Achievement Medal (2nd award),
National Defense Service Medal, Army Service Ribbon, Expert Marksmanship
Qualification Badge with rifle bar, Combat Infantryman Badge, and
Parachutist Badge.

6.  The National Defense Service Medal is awarded for honorable active
service between 2 August 1990 and 25 November 1995.  It was reinstated for
members of the Armed Forces on active service on or after 11 September 2001
to a date to be determined.   Army National Guard and Army Reserve forces
personnel on short tours of duty to fulfill training obligations under an
inactive duty training program will not be considered as performing active
service.

7.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in
the Global War on Terrorism Operations on or after 11 September 2001 to a
date to be determined.  To be eligible for this award a Soldier must be
mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a)  be engaged in actual ground 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 of
eligibility; b) while participating in the designated operation, regardless
of time, is killed or wounded/injured requiring medical evacuation from the
area of eligibility, or c) participate as a regularly assigned air crew
member flying sorties for 30 consecutive days or 60 nonconsecutive days
into, out of, within, or over the area of eligibility in direct support of
Operations Enduring Freedom and/or Iraqi Freedom.  The message also states
that under no condition will any Soldier in the United States receive this
award.

9.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the Global War on Terrorism Expeditionary Medal to
Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi
Freedom in the following areas of eligibility (AOE):  Afghanistan, Bahrain,
Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea,
Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait,
Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania
(Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35
east 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.


10.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  This award is designated for Soldiers who have
participated in or served in support of Global War on Terrorism Operations
outside of the designated area of eligibility determined for award of the
Global War on Terrorism Expeditionary Medal on or after 11 September 2001
to a date to be determined.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized or National Guard Soldiers activated, on or
after 11 September 2001 to a date to be determined having served 30
consecutive days or 60 nonconsecutive days are authorized this award.

11.  Soldiers may receive both the Global War on Terrorism Service Medal
and the Global War on Terrorism Expeditionary Medal if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.

12.  Army Regulation 635-5 states that active duty Soldiers deployed with
his or her unit during the period of active service will have the entry
“Service in (name of country deployed) from (inclusive dates)” reflected in
item 18 (remarks) on the separation document.  The applicant’s separation
document contains no such statement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant extended in the Army for six
months because of contingency requirements, and that he served in
Afghanistan for six months, four months subsequent to the expiration of his
initial term of service.  He was awarded the Army Commendation Medal, two
awards of the Army Achievement Medal, and the Combat Infantryman Badge, and
was honorably discharged in the rank of sergeant.  The applicant served his
country honorably and faithfully.  He is entitled to award of the Army Good
Conduct Medal.

2.  The applicant meets the criteria for award of both the Global War on
Terrorism Expeditionary Medal and the Global War on Terrorism Service
Medal.  He is entitled to both those awards.
3.  The applicant was awarded the National Defense Service Medal for his
active service after 11 September 2001.  The applicant’s service while a
member of the Army Reserve and the Army National Guard from 1985 to 1992
does not meet the criteria for award of the National Defense Service Medal.
 He is not entitled to a second award of that medal.

4.  That the applicant served in Afghanistan is shown by his award of the
Army Commendation Medal.  The exact dates of his deployment to Afghanistan
are not known; however, he was awarded the Army Commendation Medal for his
meritorious service against terrorism in Afghanistan during the period 7
July 2002 to 14 January 2003.  Consequently, it would be reasonable to
conclude that those dates are sufficiently accurate for entry on his DD
Form 214.  Accordingly, item 18 of his DD Form 214 should contain the
statement, “Served in Afghanistan from 7 July 2002 to 14 January 2003.”

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RB ___  __LF  ___  __LD ___  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 award of the Army Good Conduct Medal, Global War
on Terrorism Expeditionary Medal, and Global War on Terrorism Service
Medal.  The Board also recommends that his 26 March 2003 DD Form 214 be
corrected to add in item 18 of that form the statement, “Served in
Afghanistan from 7 July 2002 to           14 January 2003.”

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
a second award of the National Defense Service Medal.




                                  _____ Ronald Blakely_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010953                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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