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ARMY | BCMR | CY2005 | 20050002574C070206
Original file (20050002574C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      10 November 2005
      DOCKET NUMBER:  AR20050002574


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |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, in effect, that:

            a.)  the Army Commendation Medal; the Army Achievement Medal,
with oak leaf cluster; the Good Conduct Medal; and the Presidential Unit
Citation; he received while he served on active duty, be added to his DD
Form 214, Certificate of Release or Discharge from Active Duty;


      b.)  the Army service and campaign medals he earned while he was
deployed in support of Iraqi Freedom and in the Global War on Terrorism be
added to his DD Form 214; and that


      c.)  the period he served in the combat zone be added to his DD Form
214.


2.  The applicant states, in effect, that he served in Operation Iraqi
Freedom and should have been awarded campaign medals for having served in
the Global War on Terrorism.

3.  The applicant provided a copy of a citation awarding the Presidential
Unit Citation to the 3rd Infantry Division (Mechanized) and a copy of his
DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the US Army Reserve, for 8 years, on 11
August 1999.  On 15 September 1999, the applicant enlisted in the Regular
Army for a period of 4 years.  Following completion of basic combat
training at Fort Leonard Wood, Missouri, he completed advanced individual
training at Fort Gordon, Georgia, and was awarded the primary military
occupational specialty (MOS), 35E, Radio Communications Specialist.

2.  The applicant was assigned to serve with Company B, 203rd Combat
Support Company, Fort Benning, Georgia.  The applicant remained assigned to
this unit until he was released from active duty on 20 December 2003.

3.  The applicant was honorably released from active duty in the rank and
pay grade of Private, E-2, on 20 December 2003, under the provisions of
AR 635-200, Chapter 4, at the expiration of his term of service.  The
record shows that the applicant was retained in service for 97 days under
the provisions of Title 10, U.S. Code 12305, for the convenience of the
Government.

4.  On the date of his discharge, the applicant had completed 4 year, 3
months, and 6 days active military service with no days lost time.

5.  The DD Form 214 the applicant was issued on his discharge date shows,
in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), that during his Army service, he was awarded:  the
National Defense Service Medal; the Army Lapel Button; the Army Service
Ribbon; the Expert Marksmanship Qualification Badge, with Grenade Bar; the
Marksman Marksmanship Qualification Badge, with Rifle Bar; and the Driver
and Mechanic Badge, with Driver-W Bar.  No other awards are shown on the
applicant's DD Form 214.

6.  There is no evidence in the applicant's Official Military Personnel
File (OMPF) that he was awarded the Army Commendation Medal; the Army
Achievement Medal, with oak leaf cluster; and the Good Conduct Medal while
he served on active duty.

7.  The citation the applicant submitted shows the 3rd Infantry Division
(Mechanized), and its supporting units, were awarded the Presidential
Unit Citation for the period 19 March 2003 through 1 May 2003.  The data
base maintained by the Military Awards Branch, U.S. Army Human Resources
Command, shows the applicant's unit, the 203rd Support Battalion, 3rd
Infantry Division (Mechanized), received the Presidential Unit Citation
for the cited period.  The 203rd Support Battalion earned the
Presidential Unit Citation as a subordinate unit/supporting unit of the
3rd Infantry Division (Mechanized).

8.  The Defense Finance and Accounting Service (DFAS), Indianapolis,
Indiana, provided a copy of the applicant's Master Military Pay Account
(MMPA) to verify that he had received Hostile Fire/Imminent Danger Pay
while he served in the country of Kuwait during the period 1 February
2003 through 31 July 2003.

9.  The Board noted that the applicant’s signature appears on the copy of
the DD Form 214 that was provided by the applicant.  The applicant's
signature on the form attests to the accuracy and completeness of the
information recorded on his separation document.

10.  Headquarters, U.S. Army Human Resources Command (HRC) message, dated
17 March 2004, announced implementing instructions for the Global War on
Terrorism Expeditionary Medal and the Global War on Terrorism Service
Medal.  The message states, in pertinent part, that these medals will be
awarded
to recognize members of the armed forces of the United States serving in or
in support of Global War on Terrorism operations, on or after 11 September
2001, to a date to be determined.

11.  Initial award of the Global War on Terrorism Expeditionary Medal is
limited to Soldiers deployed abroad in operations Enduring Freedom and
Iraqi Freedom in the following Department of Defense designated specific
geographic areas of eligibility:  Afghanistan, Bahrain, Bulgaria (Bourgas),
Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran,
Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon,
Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia,
Syria, Tajikistan, Turkey (east of 35 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.  To be eligible for the
Global War on Terrorism Expeditionary Medal a Soldier must be assigned,
attached or mobilized to a unit participating in designated operations for
30 consecutive days or 60 nonconsecutive days.

12.  Award of the Global War on Terrorism Service Medal is authorized to
Soldiers who have participated in or served in support of Global War on
Terrorism operations outside of the designated area of operations as
outlined in the paragraph above.  Initial award of the Global War on
Terrorism Service Medal will be limited to airport security operations
(from 27 September 2001 through 31 May 2002) and Soldiers who supported
Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.  As with the
Global War on Terrorism Expeditionary Medal, a Soldier must have served
30 consecutive, or 60 nonconsecutive days.  HRC Awards Branch personnel
have advised that the Global War on Terrorism Service Medal has been
awarded, and will continue to be awarded, to all Army personnel who serve
on active duty for 30 consecutive days, or more, regardless of where they
serve (the same criteria as the National Defense Service Medal).

13.  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 eligibility for one cannot be used to justify service
eligibility for the other.
14.  Army Regulation 635-5 prescribes policies and procedures regarding
separation documents.  Specific instructions for the completion of each
item of the DD Form 214 are provided in paragraph 2-4 of this regulation.

      a.)  Paragraph 2-4h(18)(f) states that "For a Reserve Soldier
ordered to active duty and deployed to a foreign country, enter the
following three statements in succession.  (However, for an active duty
Soldier deployed with his or her unit during their continuous period of
active service enter only the second statement.) (1) Ordered to active
duty in support of (Operation Name) per 10 USC (applicable section).  (2)
 Service in (Name of Country Deployed) from (inclusive dates for example
YYYYMMDD – YYYYMMDD).  (3)Soldier Completed period for which ordered to
active duty for purpose of post service benefits and entitlements."

      b.)  Paragraph 2-4h(21) provides for entry of the Soldier's signature.
 The Soldier's signature indicates a Soldier has reviewed the form and
accepted the information as being correct to the best of their knowledge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed with his unit to Southwest Asia in support of
Operation Iraqi Freedom.  The DFAS has verified that he was paid Hostile
Fire/Imminent Danger Pay from 1 February through 31 July 2003.  The
applicant is therefore entitled to award of the Global War on Terrorism
Service Medal and the Global War on Terrorism Expeditionary Medal and to
have these awards added to his DD Form 214.

2.  The applicant served in a unit at the time it was cited for award of
the Presidential Unit Citation.  He is therefore entitled to this unit
award and to have it added to his DD Form 214.

3.  The evidence shows that the applicant deployed with his unit in support
of Operation Iraqi Freedom.  He is therefore entitled to have a record of
his foreign service in Kuwait added to the remarks section of his DD Form
214.

4.  There is no documentary evidence in the applicant's service personnel
records, and the applicant provided none, to show that he was awarded the
Army Commendation Medal; the Army Achievement Medal, with oak leaf cluster;
and the Good Conduct Medal; while he served on active duty.  In the absence
of documentary evidence showing he was awarded these decorations, he is
ineligible to have these awards added to his DD Form 214.

5.  The Board noted that the applicant’s signature appears on the copy of
the DD Form 214 that he provided in support of his request.  The
applicant's signature on the form attests to the accuracy and completeness
of the information recorded on his separation document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MKP___  __LDS__  __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:

      a.  awarding the applicant the Global War on Terrorism Service Medal
and the Global War on Terrorism Expeditionary Medal and adding these awards
to the applicant's DD Form 214;

      b.  awarding the Presidential Unit Citation to the applicant and
adding this unit award to his DD Form 214; and

      c.  adding the entry, " Service in Kuwait from 20030201 – 20030731"
in the Remarks Section of the applicant's 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
the addition of the Army Commendation Medal, the Army Achievement Medal,
with oak leaf cluster; and the Good Conduct Medal to his DD Form 214.




                                  __      M. K. Patterson_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002574                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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