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ARMY | BCMR | CY2004 | 20040011552C070208
Original file (20040011552C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040011552


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. 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.  The applicant requests his DD Form 214 (Certificate of Release or
Discharge From Active Duty) be corrected to show in Item 13 (Decorations)
the Afghanistan Campaign Medal (ACM), the Iraq Campaign Medal (ICM), and
any unit awards to which he may be entitled.

2.  The applicant states he served in Operations Enduring Freedom (OEF) and
Iraqi Freedom (OIF) and the campaign medals were not yet available when he
was discharged.

3.  The applicant provides his DD Form 214 and a 1 March 2004 memorandum
from his unit commander attesting to his participation in OEF and OIF.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted for 4 years in the Regular Army and served from
10 April 2001 through 6 March 2004.  He was honorably discharged under the
provisions of chapter 18, Army Regulation (AR) 635-200 by reason of weight
control failure.  He spent 2 years, 4 months, and 19 days overseas.

2.  The applicant was trained in military occupational specialty (MOS) 31R
(Multi-channel Transmission Systems Operator-Maintainer).  In October 2001,
he was transferred to Germany for assignment with Company B, 17th Signal
Battalion.  He remained with this unit throughout the remainder of his
military service.

3.  The applicant participated in OEF from 12 February 2003 to 21 March
2003, and in OIF from 22 March 2003 to 4 August 2003.  He then returned to
Kitzingen, Germany, the permanent duty station of the 17th Signal
Battalion.

4.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Army Lapel
Button.  It does not reflect any campaign medals.

5.  Military Awards Branch Message, dated 8 April 2005, provided the
following implementing instructions for award of the Afghanistan Campaign
Medal (ACM).  Award of the ACM is authorized for service in direct support
of OEF on or after 24 October 2001 to a future date to be determined by the
Secretary of Defense or the cessation of the operation.  The area of
eligibility includes all land areas and air spaces of the country of
Afghanistan.  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) is 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.  Only one award of the ACM may
be authorized for any individual and service stars are not prescribed for
wear with this medal.

6.  Military Awards Branch Message, dated 8 April 2005, provided the
following implementing instructions for award of the Iraq Campaign Medal
(ICM).  Award of the Iraq Campaign Medal is authorized for service in
direct support of OIF 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.
Only one award of the ICM may be authorized for any individual and service
stars are not prescribed for wear with this medal.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states that unit awards are made to organizations for heroism or
meritorious service when the heroism displayed or meritorious service
performed is a result of group effort.  AR 670-1, in pertinent part, states
that a Soldier is authorized permanent wear of a unit award only if
assigned and present for duty with the unit at any time during the period
cited for the award, or if attached to and present for duty with the unit
for at least 30 consecutive days of the period cited.

8.  Military Awards Branch, The Adjutant General Directorate, US Army Human
Resources Command, Alexandria, Virginia maintains rosters of Army units
given unit awards.  The applicant's unit did not receive a unit award
during his tenure with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served 38 consecutive days in Afghanistan during OEF and
is entitled to award of the ACM.  His DD Form 214 should reflect this
award.

2.  The applicant served 136 consecutive days in Iraq during OIF and is
entitled to award of the ICM.  His DD Form 214 should reflect this award.

3.  The applicant's unit was not recognized with a unit award during the
period of his tenure with the unit.  The applicant is not authorized any
unit awards on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jea___  __bpi___  __mjf___  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 adding the Afghanistan Campaign Medal and Iraq
Campaign Medal to his DD Form 214.

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
any unit awards.



                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011552                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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