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ARMY | BCMR | CY2005 | 20050002244C070206
Original file (20050002244C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050002244


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 her separation document be
corrected to show the time she served overseas in support of Operation
Iraqi Freedom/ Operation Enduring Freedom.

2.  The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 30 April
2004; Headquarters, 13th Corps Support Command, Fort Hood, Texas, Orders
050-02, dated 19 February 2003; and Headquarters, 297th Cargo Transfer
Company, Unit 91715, Fort Hood, Texas, memorandum, dated 19 November 2003,
in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows she enlisted in the Regular Army and
entered active duty on 4 April 2001.  She was trained in, awarded, and
served in military occupational specialty (MOS) 88H (Cargo Specialist) and
the highest rank she attained while serving on active duty was
specialist/pay grade E-4.

2.  The applicant’s Official Military Personnel File is absent orders or
any other document indicating she was deployed to Kuwait, or any other
overseas area.

3.  On 30 April 2004, the applicant was honorably separated, by reason of
completion of required active service, after completing 3 years and 27 days
of active military service.  Item 12f (Foreign Service) indicates the
applicant did not complete any overseas service while serving on active
duty.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) shows that she earned the National Defense Service
Medal, Army Service Ribbon, Global War on Terrorism Service Medal, and Army
Lapel Button during her active duty period of service.  The applicant
authenticated this separation document with her signature in Item 21
(Signature of Member Being Separated).

4.  The applicant provides a copy of a group travel deployment order for
the 297th Transportation Company, 180th Transportation Battalion, which
shows that 8 officers and 282 enlisted Soldiers were deployed to Kuwait in
support of Operation Enduring Freedom, Coalition Forces Land Component
Command.  This order shows the effective date of travel as "o/a TBA FORSCOM
Cdr"
(i.e., on or about To Be Announced by the Commanding General, U.S. Army
Forces Command).  This order also indicates "See Attached" for the
personnel and information relating to those Soldiers being deployed under
the authority of the order; however, the personnel roster is not attached.
The applicant also provides a memorandum, dated 13 November 2003, which
shows that the first lieutenant in command of the 297th Cargo Transfer
Company, requested that the applicant be released from the theater in
support of Operation Iraqi Freedom.

5.  A U.S. Army Human Resources Command message, dated 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 (emphasis added): 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.

6.  This U.S. Army Human Resources Command message, dated 17 March 2004,
also 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 (emphasis added) 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.

7.  The implementing instructions for these awards further show that
Soldiers may receive both the Global War on Terrorism Expeditionary Medal
and the Global War on Terrorism Service 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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the Official Military Personnel File.

9.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
completing Item 12f state to enter the total amount of foreign service
completed during the period covered by the DD Form 214, as taken from the
PQR/ERB/ORB.  The instructions for Item 13 show that the awards entered
will be for all periods of service and instructs the preparing official to
check the Soldier's service records for the validity of awards.  The
instructions for preparation of Item 18 (Remarks) state that an entry will
be made for an active duty Soldier deployed with his or her unit during
their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her discharge document should be
corrected to show overseas service in support of Operation Iraqi
Freedom/Operation Enduring Freedom was carefully considered.  However,
there is insufficient evidence to support this request.

2.  The evidence of record, which includes the applicant’s DD Form 214,
Official Military Personnel File, and documentation provided by the
applicant, are absent essential information and entries necessary to verify
the applicant's service overseas in Kuwait.  In addition, Item 13 of the
applicant's DD Form 214 shows that she was awarded the Global War on
Terrorism Service Medal (i.e., for service outside of the designated area
of eligibility determined for award of the Global War on Terrorism
Expeditionary Medal), but was not awarded the Global War on Terrorism
Expeditionary Medal (i.e., for participating in designated operations in
the areas of eligibility).  Given that the orders and memorandum provided
by the applicant indicate she served in Kuwait in support of Operation
Iraqi Freedom/Operation Enduring Freedom and are dated prior to her
separation date, it is unclear why her DD Form 214 does not contain entries
documenting this overseas service and the corresponding authorized award.

3.  Further, the applicant authenticated the DD Form 214 with her signature
on the date of her separation.  In effect, this was her verification that
the information contained on the separation document, to include the
entries in Item 12f, Item 13, and Item 18), was correct at the time the
document was prepared and issued. Absent any evidence of record
corroborating the fact she served in overseas in direct support of
Operation Iraqi Freedom/Operation Enduring Freedom, there is an
insufficient evidentiary basis to provide the requested relief at this
time.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE___  __JED__  ___JRM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____ LESTER ECHOLS_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002244                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040430                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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