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ARMY | BCMR | CY2005 | 20050004701C070206
Original file (20050004701C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050004701


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Mr. Joe 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 item 12f (Foreign Service) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show
his foreign service in Iraq.  He also requests that award of the Global War
on Terrorism Expeditionary Medal (GWOTEM) be added to item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on
his DD Form 214.  In addition, he requests that the entries "Soldier served
in Operation Iraqi Freedom from 19 March 2003 to 1 June 2003" and "Soldier
served in a designated imminent danger pay area" be added to item 18
(Remarks) on his DD Form 214.

2.  The applicant states, in effect, that his DD Form 214 should include
his foreign service in Iraq and award of the GWOTEM.

3.  The applicant provides a copy of his DD Form 214 and his award
certificate for the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the Army National Guard, the
applicant enlisted in the Regular Army on 21 November 1995.  He was
discharged on 29 April 1998 and reenlisted on 30 April 1998.

2.  The applicant was awarded the Army Commendation Medal for exemplary
achievement during Operation Iraqi Freedom from 19 March 2003 to 1 June
2003 based on Commander, 108th Air Defense Artillery Brigade Permanent
Order Number 136-43 dated 15 May 2003.

3.  The applicant's military pay records at the Defense Finance and
Accounting Service (DFAS) indicate he received hostile fire pay from
February to June 2003.

4.  The applicant was honorably discharged from active duty on 21 March
2005.  His DD Form 214 shows the Army Achievement Medal, the Presidential
Unit Citation, the Army Good Conduct Medal (Second Award), the National
Defense Service Medal, the Global War on Terrorism Service Medal, the Korea
Defense Service Medal, the Noncommissioned Officer Professional Development
Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Army
Lapel Button, and the Driver and Mechanic Badge as authorized awards.

5.  Item 12f on his DD Form 214 shows he served 1 year of foreign service
during the period covered by the report.

6.  Item 18 on his DD Form 214 does not show he served in support of
Operation Iraqi Freedom.

7.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal (GWOTEM) for Soldiers who deploy abroad for
service in the Global War on Terrorism Operations on or after 11 September
2001 to a date to be determined.  To be eligible for this award a Soldier
must be mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a) be engaged in actual ground 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 of eligibility;  b) while
participating in the designated operation, regardless of time, is killed or
wounded/injured requiring medical evacuation from the area of eligibility,
or c)  participate 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 direct support of Operations Enduring
Freedom and/or Iraqi Freedom.  The message also states that under no
condition will any Soldier in the United States receive this award.

8.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the GWOTEM to Soldiers who deployed abroad in
Operations Enduring Freedom and Iraqi Freedom in the following areas of
eligibility (AOE):  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete,
Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq,
Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman,
Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia,
Syria, Tajikistan, Turkey (east of 35 east 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.

9.  Army Regulation 635-5 (Separation Documents) establishes the policies
and procedures for completion and distribution of the DD Form 214.  In
pertinent part, it states that item 18 (Remarks) is used for entries
required by Headquarters Department of the Army for which a separate block
is not available and for completing entries that are too long for their
blocks.  Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF
COUNTRY DEPLOYED) FROM (inclusive dates)" will be entered in item 18 for
active duty Soldiers deployed to a foreign country with their unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award certificate shows he served in support of
Operation Iraqi Freedom from 19 March 2003 to 1 June 2003.  Item 12f on his
DD Form 214 currently reflects 1 year of foreign service.  However, it
cannot be determined if his service in Iraq was included in this 1 year of
foreign service.  Therefore, there is insufficient evidence on which to
base correction of item 12f on his DD Form 214 to show additional foreign
service.

2.  The applicant served a period of qualifying service for award of the
GWOTEM.  Therefore, this award should be added to item 13 on his DD Form
214.

3.  Based on the applicant's service in Iraq, item 18 on his DD Form 214
should be amended to show the entry "SERVICE IN IRAQ FROM 19 MARCH 2003 TO
1 JUNE 2003."

4.  Army Regulation 635-5 does not provide instructions to include the
entry "Soldier served in a designated imminent danger pay area" in item 18
on the DD Form 214.  Therefore, this entry should not be added to the
applicant's DD Form 214.

5.  Orders show the applicant was awarded the Army Commendation Medal for
achievement during Operation Iraqi Freedom from 19 March 2003 to 1 June
2003.  Therefore, it would be appropriate to add this award to item 13 on
his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

TP______  EA______  JS______  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:

      a.  by adding the GWOTEM and the Army Commendation Medal to item 13
on his DD Form 214; and

      b.  by adding the entry "SERVICE IN IRAQ FROM 19 MARCH 2003 TO
1 JUNE 2003" to item 18 on his DD Form 214.

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 item 12f on his DD Form 214 to show his foreign service in Iraq
and by adding the entry "Soldier served in a designated imminent danger pay
area" to item 18 on his DD Form 214.




                                  Thomas Pagan__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004701                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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