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ARMY | BCMR | CY2005 | 20050001644C070206
Original file (20050001644C070206.TXT) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 OCTOBER 2005
	DOCKET NUMBER:  AR20050001644 


	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. Deborah L. Brantley

Senior Analyst


The following members, a quorum, were present:


Mr. Ted Kanamine

Chairperson

Mr. Patrick McGann

Member

Ms. Carol Kornhoff

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Korea from July 2001 to July 2002, and service in Kuwait from February 2003 to July 2003.  He also requests that his DD Form 214 be corrected to show the awards that he is entitled to.

2.  The applicant states that his DD Form 214 does not reflect his foreign service or his awards.    

3.  The applicant provides a copy of his DD Form 214, and a copy of a 1 March 2002 order assigning him from Korea to Fort Bliss, Texas.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 3 years on 11 January 2001.  On        15 July 2001 he was transferred to Korea and assigned to an air defense artillery battalion.  He returned to the United States on 7 July 2002 and was assigned to the 5th Battalion, 52nd Air Defense Artillery at Fort Bliss, Texas.  

2.  On 15 October 2003 the applicant was awarded the Army Achievement Medal for his meritorious service from 15 July 2002 to 10 January 2004.  On 27 October 2003 he was awarded the Driver Badge – W, for the period 27 August 2002 to   26 August 2003.   

3.  The applicant was released from active duty at Fort Bliss on 10 January 2004. His DD Form 214 does not reflect the time that he served in Korea, nor does it show the above-mentioned awards.  

4.  The applicant’s Official Military Personnel File (OMPF) fails to show any evidence of an assignment to Kuwait. 

5.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

6.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 15 July 2001 to 7 July 2002.  Item 12f of his DD Form 214 should reflect one year of foreign service.  

2.  The applicant was awarded the Army Achievement Medal and the Driver and Mechanic Badge with Driver – W bar.  These awards should be shown on his   DD Form 214.

3.  The applicant is entitled to award of the Korea Defense Service Medal and the Global War on Terrorism Service Medal.   

4.  There is no evidence and the applicant has not provided any to reflect that he served in Kuwait.  Consequently, his request to correct his record to show service in Kuwait cannot be granted.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TK ___  ___PM __  __CK ___  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 the applicant’s 10 January 2004 DD Form 214 be corrected by showing in item 12f of that form one year of foreign service, and by showing award of the Army Achievement Medal, Driver and Mechanic Badge with Driver – W bar, Korea Defense Service Medal, and Global War on Terrorism Service 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 correcting his record to show service in Kuwait.  




______Ted Kanamine________
          CHAIRPERSON




INDEX

CASE ID
AR20050001644
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051013
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.
110.00
2.

3.

4.

5.

6.


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