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ARMY | BCMR | CY2005 | 20050003906C070206
Original file (20050003906C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050003906


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 foreign service in Iraq, the
Army Commendation Medal (2nd Award), and all other awards to which he is
entitled.

2.  The applicant states, in effect, that his DD Form 214 does not show his
service in Iraq.  He further states at the time he out-processed from
active duty he did not have award documents to add to his records.

3.  The applicant provides a two DA Forms 638 (Recommendation for Award),
dated 3 March 2001 and 3 February 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 July 1999 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 45B (Small Arms/Artillery
Repairer).

2.  The applicant was deployed to Iraq in support of Operation Iraqi
Freedom.  He arrived in Iraq assigned to C Company, 204th Forward Support
Battalion on or about 9 April 2003 and departed Iraq on or about 23 October
2003.  The applicant was honorably separated from active duty on 7 February
2004.

3.  The applicant's DD Form 214 for the period ending 7 February 2004 shows
he was awarded the Army Lapel Button, the Army Commendation Medal, the
National Defense Service Medal, the Army Good Conduct Medal, and the Army
Service Ribbon. Item 12f (Foreign Service) shows the entry "0000 00 00."

4.  The applicant was awarded the Army Commendation Medal for meritorious
service during the period 5 March 2001 through 15 April 2001 on
Headquarters, 2nd Brigade, 4th Infantry Division Permanent Orders Number
151-018, dated 3 March 2001.

5.  The applicant was awarded the Army Commendation Medal for achievement
during the period 9 April 2003 through 15 December 2003 on Headquarters,
2nd Brigade, 4th Infantry Division Permanent Orders Number 034-185, dated
3 February 2004

6.  The applicant's records do not show award of the Global War on
Terrorism Expeditionary Medal (GWOTEM) or the Global War on Terrorism
Service Medal (GWOTSM).

7.  Executive Order 13289 dated 12 March 2003 established the Global War on
Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal
(GWOTSM).  The GWOTEM is authorized to be awarded to Soldiers who deploy
abroad in designated areas (to include Iraq) for service in global war on
terrorism operations on or after 11 September 2001 to a date to be
determined.  The GWOTSM is authorized to be awarded to Soldiers who have
participated in or served in support of global war on terrorism operations
outside the designated area of eligibility for the GWOTEM.  All Soldiers on
active duty on or after 11 September 2001 to a date to be determined having
served 30 consecutive days or 60 nonconsecutive days are authorized the
GWOTSM.

8.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is authorized for service in direct
support of Operation Iraqi Freedom on or after 19 March 2003 to a future
date to be determined by the Secretary of Defense or the cessation of the
operation.  The area of eligibility encompasses all land area of the
country of Iraq and the contiguous sea area out to 12 nautical miles and
the air space above these areas.  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) be 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.

9.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.  Service stars are not prescribed for wear with this medal;
however, the Iraq 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 Iraq; however, service members who qualified for the
GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an
area for which the Iraq Campaign Medal was subsequently authorized shall
remain qualified for the GWOTEM.  Upon application, any such service member
may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such
service; however, no service member shall be entitled to award of the Iraq
Campaign Medal and the GWOTEM for the same act, achievement or period of
service.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized preparation of the DD Form 214.  For item 12f (Foreign
Service) it states that, from the Enlisted Record Brief/Officer Record
Brief, enter the total amount of foreign service completed during the
period covered in block 12c.

11.  Army Regulation 635-5 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)."

12.  The applicant elected to be awarded the Iraq Campaign Medal on
19 September 2005 by phone conversation with the Board analyst.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Army
Commendation (2nd Award) for meritorious service during the period 9 April
2003 through 15 December 2003.  He met the eligibility criteria for award
of the Iraq Campaign Medal and the GWOTSM.  These awards should be added to
his DD Form 214.

2.  Evidence of record shows that the applicant deployed to the Persian
Gulf and served in Iraq for the period 9 March 2003 through 23 October
2003.  Therefore, his DD Form 214 should be amended to add "0000" years,
"06" months, and "14" days in item 12f and to add "Service in Iraq from
9 April 2003 through 23 October 2003" in item 18.

BOARD VOTE:

__LE____  __ PMS _  __ LGH _  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
amending his DD Form 214:

      a.  in item 13 to add the Army Commendation Medal (2nd Award), the
Iraq Campaign Medal, and the Global War on Terrorism Service Medal;

      b.  in item 12f to read "0000" years, "06" months, and "14" days; and


      c.  in item 18  to add "Service in Iraq from 9 April 2003 through
23 October 2003".




                            ____ Lester Echols _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003906                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |29 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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