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ARMY | BCMR | CY2005 | 20050003269C070206
Original file (20050003269C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050003269


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Army
Commendation Medal (2nd Award), the Kosovo Campaign Medal, and correction
of his service in Turkey.

2.  The applicant states, in effect, his DD Form 214 incorrectly shows his
service in Turkey as 10 February 2002 through 8 April 2003 and his service
in Kosovo for the period 3 July 1999 through 30 November 1999 is not shown.
 He further states that awards of the Army Commendation Medal and the
Kosovo Campaign Medal are also missing.

3.  The applicant provides a DD Form 214 with the ending period 3 November
2004; 4 memorandums from the 1st Military Police Company, 1st Infantry
Division; Task Force Discover, 101st Military Intelligence Battalion, 1st
Infantry Division memorandum, dated 20 September 2004: and Headquarters,
98th Area Support Command Permanent Order 349-1.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in Operation Iraqi Freedom.

2.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of his DD Form 214 and memorandums from the 1st Military Police
Company, 1st Infantry Division, and the 101st Military Intelligence
Battalion, 1st Infantry Division.

3.  The applicant enlisted in the Regular Army on 15 November 1994 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 63B (Light Wheel Mechanic).

4.  The applicant was honorably separated from active duty for disability
on
3 November 2004.  His DD Form 214 shows he was awarded the Army
Commendation Medal, the Army Achievement Medal (4th Award), the National
Defense Service Medal (2nd Award), the Non-commissioned Officer Development
Ribbon (with Numeral 2), the Army Service Ribbon, the Overseas Service
Ribbon (with Numeral 2), the North Atlantic Treaty Organization Medal, the
Driver and Mechanic Badge, the Global War on Terrorism Service Medal, and
the Global War on Terrorism Medal Expeditionary Medal.  Item 18 (Remarks)
shows the entry "SERVICE IN TURKEY--20020210 TO 20030408" and "SERVICE IN
KOSOVO--19990716 TO 19991211."

5.  Headquarters, 98th Area Support Group Permanent Order Number 349-1
shows that the applicant was awarded the Army Commendation Medal for the
period 19 December 2003 through 4 November 2004.  The orders were issued on
14 December 2004.

6.  1st Military Police Company, 1st Infantry Division memorandum, dated
21 September 2004, shows that the applicant was deployed to Kosovo in
support of Operation Joint Guardian for the period July 1999 through
December 1999.

7.  Task Force Discover, 101st Military Intelligence Battalion, 1st
Infantry Division memorandum, dated 20 September 2004, shows the applicant
was deployed to Turkey in support of Operation Iraqi Freedom for the period
February 2003 through April 2003.

8.  Army Regulation 635-5 (Separation Documents) states, in item 18
(Remarks) for an active duty Soldier deployed with his or her unit during
their continuous period of active service, enter statement "SERVICE IN
(NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -
YYYYMMDD)."
9.  Award of the Kosovo Campaign Medal for Kosovo service is based on proof
of service in support of specific operations beginning in March 1999 in the
specified area of operations.  To be eligible for award of the Kosovo
Campaign Medal an individual must be in a unit participating in the
operation for 30 consecutive days or 60 nonconsecutive and/or meet other
established criteria or directly supporting the following operations:
Operation Allied Force (24 March 1999 through 10 June 1999); Operation
Joint Guardian (11 June 1999 through a date to be determined); Operation
Allied Harbour (4 April 1999 through 1 September 1999); Operation Sustain
Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble
Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5
April 1999 through 24 June 1999); Saber (31 March 1999 through 8 July
1999); Falcon (11 June 1999 through a date to be determined), coinciding
with Joint Guardian; or Hunter within areas of operation for the Kosovo Air
Campaign and/or the Kosovo Defense Campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows service in Turkey from 10 February
2002 through 8 April 2003.  However, he submitted the 101st Military
Intelligence Battalion, 1st Infantry Division memorandum, dated 20
September 2004 that shows he was deployed to Turkey in support of Operation
Iraqi Freedom for the period February 2003 through April 2003.  Presumably
the beginning and ending days of service are correct.

2.  The Board accepts the evidence provided by the applicant as sufficient
to show the he served in Turkey from 10 February 2003 through 8 April 2003.
 Therefore, his DD Form 214 should be amended to read "SERVICE IN TURKEY--
20030210 TO 20030408" in item 18.

3.  The applicant's claim that his service in Kosovo from 3 July 1999
through
30 November 1999 should be added to his DD Form 214 was carefully
considered.  However, his DD Form 214 already shows "SERVICE IN KOSOVO--
19990716 TO 19991211" in item 18.  He provides insufficient evidence to
show these dates are incorrect.

4.  The applicant's DD Form 214 for the period 3 November 2004 showed award
of the Army Commendation Medal.  Evidence shows he was issued another Army
Commendation Medal on 14 December 2004.  Therefore, his DD Form 214 should
be amended to show the Army Commendation Medal (2nd Award).

5.  He met the eligibility criteria for award of the Kosovo Campaign Medal.
 This award should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TAP_ _  _ ENA __  _  _ JRS _  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 amending his DD Form 214:

      a.  by adding the Army Commendation Medal (2nd Award) and the Kosovo
Campaign Medal;

      b.  in item 18 to delete "SERVICE IN TURKEY--20020210 TO 20030408;"
and

      c.  in item 18 to add " SERVICE IN TURKEY--20030210 TO 20030408."
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 the period of his service in Kosovo.




                                  ____ Mr. Thomas A. Pagan ___
                                             CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050003269                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 November 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |107.0133.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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