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ARMY | BCMR | CY2005 | 20050000877C070206
Original file (20050000877C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000877


      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. Michael J. Fowler             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 his records to show award of the
Army Commendation Medal (2nd Award), the Global War on Terrorism
Expeditionary Medal (GWOTEM), and the Global War on Terrorism Service Medal
(GWOTSM).

2.  The applicant states, in effect, that the Army Commendation Medal (2nd
Award) award recommendation was lost and had to be resubmitted before he
separated from active duty.  He further states that he was active duty and
deployed during qualifying dates for the GWOTEM and the GWOTSM.

3.  The applicant provides a DD Form 214 (Certificate of Release or
Discharge from Active Duty) with the ending period 30 November 2003;
Headquarters, Division Support Command, Permanent Orders Number 54-03; four
Staff Action Cover Sheets recommending him for award of the Army
Commendation Medal; and Headquarters, 82nd Airborne Division, Orders 041-
01, dated 10 February 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
Army Commendation Medal (2nd Award).  There are no orders or other evidence
authorizing award of this decoration to the applicant.  In the absence of a
proper award authority for this decoration, the applicant may request award
of the Army Commendation Medal (2nd Award) under the provisions of Section
1130, Title 10, United States Code.  He has been notified by separate
correspondence of the procedures for applying for the decoration under
section 1130 and, as a result, it will not be discussed further in this
record of Proceedings.

2.  The applicant enlisted in the Regular Army on 29 June 1999 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 96B (Intelligence Analyst).

3.  The applicant was deployed to Iraq in support of Operation Enduring
Freedom.  He arrived in Iraq assigned to D Company, 313rd Military
Intelligence Battalion on 12 February 2003 and departed Iraq on 8 May 2003.
 The applicant was honorably separated from active duty on 30 November
2003.

4.  The applicant's DD Form 214 for the period ending 30 November 2003
shows he was awarded the Army Commendation Medal, the Army Achievement
Medal (2nd Award), the Army Good Conduct Medal, the National Defense
Service Medal, the Noncommissioned Officer Professional Development Ribbon,
the Army Service Ribbon, the Expert Marksmanship Qualification Badge with
Rifle Bar, the Parachutist Badge, the Silver German Armed Forces
Achievement Badge, and the Bronze German Armed Forces Parachutist Badge.

5.  Item 18 (Remarks) shows the applicant served in Operation Iraqi Freedom
from 12 February 2003 through 8 May 2003.

6.  The applicant's records do not show award of the Global War on
Terrorism Expeditionary Medal or the Global War on Terrorism Service Medal.

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.  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.

9.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.  Service stars are not prescribed for wear with this medal;
however, the Iraq Campaign Medal 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 Iraq Campaign Medal
in lieu of the GWOTEM for such service; however, no service member shall be
entitled to award of the Iraq Campaign Medal and the GWOTEM for the same
act, achievement or period of service.

10.  The applicant elected to be awarded the Iraq Campaign Medal on 16
August 2005 by phone conversation with the Board analyst.

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant met the eligibility criteria for
award of the Iraq Campaign Medal and the Global War on Terrorism Service
Medal.  These awards should be added to his DD Form 214.

BOARD VOTE:

__JEV___  __ RJW _  _  RR ___  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
amending his DD Form 214 by adding the Iraq Campaign Medal and the Global
War on Terrorism Service Medal.




                              ___ Mr. James E. Vick __
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000877                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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