RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2005
DOCKET NUMBER: AR20050003600
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. Lisa O. Guion | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Patrick H. McGann | |Member |
| |Mr. Larry J. Olson | |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 correction be made to Item
12c (Net Active Service This Period) and Item 12f (Foreign Service) of her
separation document (DD Form 214).
2. The applicant states, in effect, that the entry shown in Item 12c of
her separation document should be corrected to show "0003 00 18" instead of
"0003 00 17." She also states that she completed 1 year and 1 day of
foreign service and that Item 12f should be corrected show "0001 00 01"
instead of "0000 00 00."
3. The applicant provides the following documents in support of her
application: DD Form 214; Headquarters (HQ's), United States Army Infantry
Center (USAIC), Fort Benning, Georgia Permanent Orders Number C0312, dated
17 April 2003 with Unit Roster; HQ's, 41st Field Artillery (FA) Brigade
(Bde) Memorandum, dated 16 February 2004; and Certificate of Achievement.
CONSIDERATION OF EVIDENCE:
1. The military records show that the applicant enlisted in the Regular
Army and entered active duty on 14 August 2001. She was trained in,
awarded and served in military occupational specialty (MOS) 55B (Ammunition
Specialist).
2. The applicant’s Personnel Qualification Record (PQR) contains no entry
in Item 5 (Oversea Service), which indicates the applicant completed no
overseas service.
3. On 3 August 2004, the applicant was honorably released from active duty
(REFRAD). The separation document that she was issued at the time contains
the following entries in the items indicated: Item 12a (Date entered
Active Duty This Period) "2001 08 14”; Item 12b (Separation Date This
Period) " 2004 08 31"; Item 12c "0003 00 17”; and Item 12f (Foreign
Service) "0000 00 00”. This document includes the Global War on Terrorism
Service Medal (GWOTSM) in the list of authorized awards entered in Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized).
4. The applicant provides HQ's, USAIC, PO# C0312, which directed her
unit's assignment to Fort Knox, Kentucky, and further deployment overseas
to Kuwait for 365 days, effective 16 April 2003. These orders show that
the applicant was assigned to the 608th Ordnance Company, 36th Engineer
Group, and includes a unit roster of those individuals identified for
deployment. The applicant's name is included on the deployment roster.
5. The applicant also provides a HQ's, 41st FA Bde Memorandum that
authorized the wear of the 41st FA Bde Shoulder Sleeve Insignia Former
Wartime Service (SSI FWTS) as proof of her oversea service. This
memorandum includes a list of Soldiers’ names who served with the 41st FA
Bde and who were authorized that unit’s shoulder sleeve insignia for FWTS.
The applicant’s name is among those Soldiers who were under the tactical
control of the 41st FA Bde and served in a combat theater in support of
Operation Iraqi Freedom.
6. The applicant finally provides a Certificate of Achievement awarded to
her for her participation in the Global War on Terrorism as a member of the
142nd Corps Support Battalion during Operation Iraqi Freedom during the
period 2003 through 2004.
7. Army Regulation 635-5 prescribes the separation documents that are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army. It also establishes standardized
policy for preparing and distributing the DD Form 214. The regulation
stipulates that the information in Item 12c will be the amount of service
this period, computed by subtracting item 12a from 12b; and Item 12f will
contain the total amount of foreign service completed during the period
covered by the DD Form 214. . Paragraph 18f (2) states the following
entry will be made in Item 18 (Remarks) to document the deployments of
active duty Soldiers: " SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM
(inclusive dates for example, YYYYMMDD - YYYYMMDD)".
8. Executive Order Number 13289, dated 12 March 2003, established two new
medals for service in the Global War on Terrorism (GWOT). They are the
GWOT Expeditionary Medal (GWOTEM) and GWOTSM. These medals are awarded to
recognize all members of the Armed Forces of the United States serving in,
or in support of GWOT operations on or after 11 September 2001.
9. The GWOTEM guidance specifies that to be eligible for this award, a
Soldier must be assigned, attached or mobilized to a unit participating in
designated operations for 30 consecutive days or 60 non-consecutive days in
designated Areas of Expedition (AOE), or meet one of the following
criteria: (a) be engaged in actual 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; (b) is killed or
wounded/injured requiring medical evacuation from the AOE; (c) Soldiers
participating as a regularly assigned air crew member flying sorties into,
out of, within, or over an AOE in direct support of operations Enduring
Freedom and/or Iraqi Freedom, each day that one or more sorties are flown
counts as one toward the 30 consecutive or 60 non-consecutive day
requirement. Finally, under no conditions will any Soldiers in the United
States receive the GWOTEM. Only Soldiers serving in an operationally
deployed status in a designated AOE are eligible for the GWOTEM. Kuwait
was considered an AOE for the GWOTEM during the period 24 April 2001
through 24 April 2005.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the entries shown in Items 12c and 12f
of her separation document should be corrected has been carefully
considered. There is sufficient evidence to support granting a portion of
this claim.
2. By regulation the entry in Item 12c will be the amount of service this
period, computed by subtracting Item 12a from Item 12b. Item 12f will
contain the total amount of foreign service completed during the period
covered by the DD Form 214 and Item 18f will document deployments of active
duty Soldiers and show the country to which deployed and the inclusive
dates of deployment.
3. By regulation, Item 12c is computed by subtracting Item 12a from Item
12b. When subtracting theses items from the applicant's separation
document, it shows that she completed 3 years and 17 days total active duty
service, as is currently entered in Item 12c. Thus there is no error or
injustice related to this entry and no correction is warranted.
4. The applicant's DA Form 2-1 contained a blank entry in Item 5, which
supports the entry shown in Item 12f of her separation document, which
indicates she completed no foreign service. However, the applicant has
provided sufficient evidence to prove she was deployed to Kuwait in support
of Operation Enduring Freedom on 16 April 2003 for 365 days. Her service
is confirmed by the authorization for her to wear the SSI-FWTS and a
Certificate of Appreciation she received for her service during Operation
Iraqi Freedom from 2003 through 2004.
5. Based on the applicant's service in Kuwait, Item 12f of the her
separation document should be corrected to reflect the entry "0001 00 00"
and Item 18 should also be corrected to include the entry "SERVICE IN
KUWAIT FROM "20030416 to 20040415”. Further, the GWOTEM should be added to
the list of awards contained in Item 13 of her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___JNS _ __PHM__ ___LJO__ 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 30 November 2002 separation document
by deleting the current entry in Item 12f and replacing it with the entry
"0001 00 00"; by adding the Global War on Terrorism Expeditionary Medal to
Item 13; and by adding the entry "SERVICE IN KUWAIT FROM 20030416 to
20040415” to Item 18."
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
a correction of Item 12c of her DD Form 214.
___John N. Slone________
CHAIRPERSON
INDEX
|CASE ID |AR20050003600 |
|SUFFIX | |
|RECON |NA |
|DATE BOARDED |2005/11/23 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2004/08/31 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |Completion of required services |
|BOARD DECISION |GRANT PARTIAL |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |120.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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