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ARMY | BCMR | CY2005 | 20050001367C070206
Original file (20050001367C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050001367


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, in effect, that the Global War on Terrorism
Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal
(GWOTSM), the Army Good Conduct Medal, and any unit citations to which he
is entitled be added to his DD Form 214 (Certificate of Release or
Discharge from Active Duty).

2.  The applicant states that these awards are not listed on his DD Form
214.

3.  The applicant provides a DA Form 638 (Recommendation for Award) and
award certificate for the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 January 2001 for a
period of three years.  He completed the required training and was awarded
military occupational specialty 13D (Field Artillery Tactical Data System
Operator).  He served in Kosovo from 7 November 2001 through 12 May 2002.

2.  He was promoted to specialist on 1 October 2002.

3.  The applicant served in Afghanistan from 10 July 2003 through 2
November 2003.

4.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.

5.  The applicant was honorably released from active duty in the rank of
specialist on 30 January 2004 after completing 3 years of creditable active
service with no time lost.  He has no record of any disciplinary actions
taken against him.

6.  His DD Form 214 shows he was awarded the North Atlantic Treaty
Organization (NATO) Medal, the Army Commendation Medal (2nd Award), the
National Defense Service Medal, the Kosovo Campaign Medal, the Army Service
Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, the
Marksman Marksmanship Qualification Badge with Grenade Bar and the Army
Lapel Button.


7.  In a 16 August 2005 letter to the applicant from the Army Board for
Correction of Military Records (ABCMR), he was informed that he was
entitled to award of the GWOTEM or the Afghanistan Campaign Medal in
recognition of his service in Afghanistan.  The applicant was advised that
he had to notify the ABCMR in writing of his decision to receive either the
GWOTEM or the Afghanistan Campaign Medal; however, he did not respond
within the allotted timeframe.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTEM 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 GWOTEM 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 (GWOTSM).  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 GWOTEM 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.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Afghanistan Campaign
Medal.  Award of the Afghanistan Campaign Medal is authorized for service
in direct support of Operation Enduring Freedom 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.

12.  Only one award of the Afghanistan Campaign Medal may be authorized for
any individual.  Service stars are not prescribed for wear with this medal;
however, the Afghanistan 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 Afghanistan; however,
service members who qualified for the GWOTEM by reason of service between
24 October 2001 and 30 April 2005 in an area for which the Afghanistan
Campaign Medal was subsequently authorized shall remain qualified for the
GWOTEM.  Upon application, any such service member may be awarded the
Afghanistan Campaign Medal in lieu of the GWOTEM for such service; however,
no service member shall be entitled to award of the Afghanistan Campaign
Medal and the GWOTEM for the same act, achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Army Expeditionary Medal for
Afghanistan is noted.  However, the GWOTEM is awarded for Soldiers who
deploy abroad for service in the Global War on Terrorism Operations in
Afghanistan.  Based on his participation in support of Operation Enduring
Freedom in Afghanistan from 10 July 2003 through 2 November 2003, he is
entitled to award of the GWOTEM.

2.  The applicant also served a period of qualifying service in Afghanistan
for award of the GWOTSM.

3.  The applicant was released from active duty in the rank of specialist
after completing 3 years of honorable service with no time lost and no
record of any disciplinary actions taken against him.  Therefore, it
appears he met the eligibility criteria for the first award of the Army
Good Conduct Medal based on completion of a period of qualifying service of
three years from 31 January 2001 through 30 January 2004.

4.  There is no evidence of record which indicates the applicant was
authorized any unit citations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

MM______  LB______  CD______  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:

      a.  by awarding him the first award of the Army Good Conduct Medal
for the period 31 January 2001 through 30 January 2004; and

      b.  by showing he was awarded the GWOTEM, the GWOTSM and the first
award of the Army Good Conduct 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
award of unit citations.




                                  Mark Manning__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001367                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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