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ARMY | BCMR | CY2005 | 20050004188C070206
Original file (20050004188C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050004188


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. 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, in effect, correction of his discharge
document.

2.  The applicant states, in effect, that his discharge document is in
error and should be corrected to show his service in support of Operation
Enduring Freedom and the awards that he is authorized for that service.

3.  The applicant provides a copy of Headquarters, 101st Airborne Division
(Air Assault) and Fort Campbell, Fort Campbell, Kentucky, Orders 362-715,
dated
28 December 2001, and a DA Form 4980-14 (The Army Commendation Medal
Certificate), dated 11 May 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he initially enlisted in the Regular Army
and entered active duty on 13 August 1997.  He was trained in and served in
military occupational specialty (MOS) 42L (Human Resources Administrative
Specialist) and was assigned to Headquarters and Headquarters Company, 3rd
Brigade, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky.
The applicant's records show that he served in support of Operation
Enduring Freedom (dates undetermined) and Operation Iraqi Freedom from 1
March 2003 through
6 November 2003.  The highest rank the applicant attained while serving on
active duty was sergeant/pay grade E-5.  He was honorably separated from
active duty on 4 April 2004 after serving on active duty for 6 years, 7
months, and 22 days.

2.  The applicant's DD Form 214, Block 12 (Record of Service), Item 12f
(Foreign Service) contains the entry "0001 08 06".  Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of
this document shows that he was awarded the Army Achievement Medal (2nd
Award), Army Commendation Medal (6th Award), Army Good Conduct Medal (2nd
Award), Global War on Terrorism Expeditionary Medal, Global War on
Terrorism Service Medal, National Defense Service Medal, Korea Defense
Service Medal, Army Service Ribbon, Overseas Service Ribbon, Overseas
Service Bar, Sharpshooter Marksmanship Qualification Badge with (M-16)
Rifle and Hand Grenade Bars, and Air Assault Badge.  Item 18 (Remarks)
shows, in pertinent part, the entry "SERVICE IN KUWAIT/IRAQ FROM 20030301
TO 20031106".

3.  The applicant's military service records contain a copy of DA Form 2166-
8 (NCO Evaluation Report) for the period May 2002 through September 2002.
Part III (Duty Description), Section c (Daily Duties and Scope) and Section
d (Areas of Special Emphasis) of this document show, in pertinent part,
that the applicant served as Administrative Sergeant to an Air Assault
Brigade Headquarters and Headquarters Company deployed to Kandahar,
Afghanistan, in support of Operation Enduring Freedom.

4.  The applicant provides a copy of his unit deployment orders and Army
Commendation Medal Certificate in support of his application.  The
applicant's unit deployment orders direct his unit to deploy in a temporary
change of station status for assignment to Headquarters, U.S. Central
Command in support of the Coalition Forces Land Component Command,
Operation Enduring Freedom, on or about 15 January 2002.  The applicant's
name is listed on the unit's roster of Soldiers, which is identified as an
attachment to the orders.

5.  The applicant also provides a copy of an Army Commendation Medal
Certificate which shows that he was awarded the Army Commendation Medal per
Headquarters, Task Force Rakkasan, 101st Airborne Division (Air Assault),
Qandahar, Afghanistan, Permanent Orders Number 131-080, dated 11 May 2002.
This document shows that the applicant was awarded the medal for
meritorious service while assigned to Headquarters and Headquarters
Company, 3rd Brigade, deployed to Afghanistan in support of Operation
Enduring Freedom from 20 January 2001 (sic) to 7 May 2002.

6.  A review of the applicant's record reveals that he may be entitled to
an award that is not shown on his DD Form 214.

7.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia,
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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

9.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
Item 12f state, in pertinent part, to enter the total amount of foreign
service completed during the period covered in Item 12c.  In addition, the
instructions for completing Item 18 state, in pertinent part, for an active
duty Soldier deployed with his or her unit during their continuous period
of active service enter the statement, "SERVICE IN (NAME OF COUNTRY
DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)".
Finally, the instructions for Item 13 show that the awards entered will be
for all periods of service and instructs the preparing official to check
the Soldier's service records for the validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be
corrected because it does not show his service in support of Operation
Enduring Freedom or the awards he is authorized for that service.

2.  The applicant provides copies of his unit deployment orders and Army
Commendation Medal Certificate which provide evidence of his service in
Afghanistan during Operation Enduring Freedom and support award of the
Afghanistan Campaign Medal.

3.  The evidence of record shows that the applicant deployed with his unit
in support of Operation Enduring Freedom on or about 15 January 2002 and
that he received an Army Commendation Medal for his meritorious service in
support of the operation from 20 January 2001 (sic) to 7 May 2002.
Notwithstanding the apparent typographic error on the award certificate,
the preponderance of the evidence of record indicates that the actual
period of service the applicant served overseas in Afghanistan in support
of Operation Enduring Freedom was from
20 January 2002 to 7 May 2002.  This period of overseas service, in support
of Operation Enduring Freedom, equates to 3 months and 17 days.

4.  Given this additional overseas service (i.e., 3 months and 17 days),
and the amount of foreign service currently entered in Item 12f (i.e. 0001
08 06), Item 12f of the applicant's DD Form 214 should be corrected to show
"0001 11 23".  In addition, Item 18 of the applicant's DD Form 214 should
also be corrected with an entry to show this additional overseas service in
Afghanistan in support of Operation Enduring Freedom from 20 January 2002
to 7 May 2002.

5.  The evidence of record shows that the applicant qualified and met the
criteria for award of the Afghanistan Campaign Medal.  Therefore, it would
be appropriate to correct his records to show this service medal.

BOARD VOTE:

__JNS __  __LGH __  __MJF __  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
making the following corrections to the applicant's DD Form 214:

      a.  Item 12f.  Foreign Service
                 Delete:  "0001  08  06"
                 Add:     "0001  11  23"

      b.  Item 13.  Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized
                 Add:  "AFGHANISTAN CAMPAIGN MEDAL"

      c.  Item 18.  Remarks
                 Add:  "SERVICE IN SUPPORT OF OPERATION ENDURING FREEDOM
(AFGHANISTAN) FROM 20020120 - 20020507."




                                  ____ JOHN N. SLONE _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004188                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040404                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |110.0400.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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