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ARMY | BCMR | CY2005 | 20050003900C070206
Original file (20050003900C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050003900


      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:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Good Conduct
Medal and the Afghanistan Campaign Medal.

2.  The applicant states that he was deployed in combat and he believes
that he earned these awards.  He was never disciplined for bad behavior.
His record is clear.  He received no adverse actions ever; only praise and
admiration from superiors.

3.  The applicant provides a copy of a memorandum, Subject:  Statement of
Wartime Service, prepared by Headquarters, Task Force Pegasus, Kandahar
Airfield, Afghanistan, dated 2 November 2002, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he enlisted in the Regular Army on 30
April 1999 and served in the military occupational specialty (MOS) 93C, Air
Traffic Control Operator.

2.  The memorandum he submitted in support of his request shows he was
assigned to Company B, 1st Battalion, 58th Aviation Regiment, part of
Task Force Pegasus, 82nd Airborne Division, and Combined Task Force
Mountain, 10th Mountain Division.

3.  The applicant was deployed to the Central Asian Joint Coalition Area of
Operations, Kandahar, Afghanistan, in support of Operation Enduring
Freedom.  He arrived there on 8 August 2002 and departed there on 7 October
2002.

4.  The applicant was honorably discharged from active duty in the rank and
pay grade, Specialist/E-4, in accordance with Army Regulation (AR ) 635-40,
chapter 4, paragraph 4-24B(2) for disability with severance pay, on 22
August 2003.  On the date he was discharged, the applicant had completed 4
years, 3 months, and 23 days, active duty service, with no lost time.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant’s DD Form 214, shows he was
awarded the Army Commendation Medal; the Army Achievement Medal; the
National Defense Service Medal; the Kosovo Campaign Medal; the Army Service
Ribbon;
the Overseas Service Ribbon; the North Atlantic Treaty Organization Medal;
the Expert Marksmanship Qualification Badge, with Rifle Bar; and the Driver
and Mechanic Badge, with Driver-W Bar.  The Good Conduct Medal and the
Afghanistan Campaign Medal are not shown on his DD Form 214.

6.  Item 5, of the applicant's DA Form 2-1, Personnel Qualification
Record, Part II, shows the applicant served in Korea from 6 February 2000
through 30 January 2001.

7.  Item 27 (Remarks), of the applicant's DA Form 2-1, has no indication
that the applicant was ever disqualified from award of the Good Conduct
Medal by his commanders.

8.  AR 600-8-22 provides that the Good Conduct Medal is awarded to
individuals who distinguish themselves by their conduct, efficiency, and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years except in those cases when the period for the first award
ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.

9.  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 date to be determined.

10.  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.

11.  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).

12.  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.

13.  Soldiers who deploy in support of Operations in Southwest Asia between
11 September 2001 and 18 March 2003 can elect to receive either the Armed
Forces Expeditionary Medal or the Global War on Terrorism Expeditionary
Medal, but they may not be awarded both for the same period.

14.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Afghanistan Campaign
Medal.  Award of the Afghanistan Campaign Medal is authorized for service
in direct support of Operation Enduring Freedom on or after 24 October 2001
to a future date to be determined by the Secretary of Defense or the
cessation of the operation.  The area of eligibility includes all land
areas and air spaces of the country of Afghanistan.  To qualify for award
of this campaign medal, service members must have been assigned or attached
to or mobilized with units operating in these areas of eligibility for
30 consecutive days or for 60 non-consecutive days or meet one of the
following criteria:  a) be engaged in combat during an armed
engagement, regardless of the time in the area of eligibility; b) is
medically evacuated from the area of eligibility for wounds or injuries
resulting from participation in an operation or official duties; or c)
participates as a regularly assigned air crewmember flying sorties into,
out of, within or over the area of eligibility in direct support of the
military operations [each day of operations counts as one day of
eligibility].  This campaign medal may be awarded posthumously.

15.  Only one award of the Afghanistan Campaign Medal may be authorized
for any individual.  Service stars are not prescribed for wear with this
medal; however, the Afghanistan Campaign Medal may be awarded with the
bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the
Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer
authorized to be awarded for service in Afghanistan; however, service
members who qualified for the GWOTEM by reason of service between
24 October 2001 and 30 April 2005 in an area for which the Afghanistan
Campaign Medal was subsequently authorized shall remain qualified for the
GWOTEM.  Upon application, any such service member may be awarded the
Afghanistan Campaign Medal in lieu of the GWOTEM for such service; however,
no service member shall be entitled to award of the Afghanistan Campaign
Medal and the GWOTEM for the same act, achievement or period of service.

16.  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.

17.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates 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 support of military operations; or  d) served in operations and
exercises conducted in the area of eligibility as long as the basic time
criteria is met.  The message further provided that, due to extensive time
period for the Korea Defense Service Medal eligibility, the non-consecutive
service period for eligibility remains cumulative throughout the entire
period.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant deployed to Afghanistan
in support of Operation Enduring Freedom with his unit on 8 August 2002 and
he departed Afghanistan on 7 October 2002.

2.  Award of the Afghanistan Campaign Medal is authorized for service in
direct support of Operation Enduring Freedom on or after 24 October 2001,
to a future date to be determined by the Secretary of Defense or, the
cessation of the operation.  The applicant served in Afghanistan during the
qualifying period for award of the Afghanistan Campaign Medal.  He is
therefore entitled to this award and to have it added to his DD Form 214.

3.  The evidence of record shows that the applicant served, for more than
30 days, in support of Operation Enduring Freedom but since he opted to be
awarded the Afghanistan Campaign Medal, he is not entitled to award of the
Global War on Terrorism Expeditionary Medal.  The awards regulation
prohibits award of the Afghanistan Campaign Medal and the Global War on
Terrorism Expeditionary Medal for the same act, achievement, or period of
service.

4.  The applicant served on active duty for more than 30 consecutive days
subsequent to 11 September 2001, in preparation for deployment in support
of Operation Enduring Freedom.  He is therefore entitled to award of the
Global War on Terrorism Service Medal and correction of his DD Form 214 to
show this service medal.

5.  During his service in the Army, the applicant served in Korea.  He is
therefore entitled to award of the Korea Defense Service Medal and to have
this award added to his DD Form 214.

6.  Review of the applicant's service personnel records revealed no
evidence that would disqualify him from award of the Good Conduct Medal.
There are no entries in his qualification record to indicate he was
disqualified from this award
by any of his commanders.  In the absence of any evidence disqualifying him
from this award, the applicant is entitled to award of the Good Conduct
Medal for the period 30 April 1999 through 29 April 2002 and to have this
award added to his DD Form 214.

BOARD VOTE:

__MJF___  __LGH__  __JS ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Good Conduct Medal for the period 30
April 1999 through 29 April 2002 and adding this award to the applicant's
DD Form 214;


      b.  awarding the applicant the Global War on Terrorism Service Medal,
the Afghanistan Campaign Medal and the Korea Defense Service Medal, and
adding these awards to the applicant's DD Form 214.




                                  _____John Slone______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003900                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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