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ARMY | BCMR | CY2005 | 20050005530C070206
Original file (20050005530C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 December 2005
      DOCKET NUMBER:  AR20050005530


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 Item 12f (Foreign Service),
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), and Item 18 (Remarks) of his 16 November 2004
separation document (DD Form 214) be corrected.

2.  The applicant failed to provide a statement in Item 9 (I believe the
record to be
In error or unjust in the following particulars) of his application to the
Board
(DD Form 149).

3.  The applicant provides the following documents in support of his
application:  DD Form 214; 601st Division Aviation Support Battalion Orders
Number (#)
322-004; Army Achievement Medal (AAM) Certificate; North Atlantic Treaty
Organization (NATO) Medal Certificate; 13th Corps Support Battalion Orders
# 225-6; Certificate of Achievement; Army Commendation Medal (ARCOM)
Certificate; and Award Recommendation (DA Form 638).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army (RA) and
entered active duty on 8 June 1998.  He was trained in, awarded and served
in military occupational specialty (MOS) 62B (Construction Equipment
Repairer).

2.  601st Division Aviation Support Battalion Orders # 322-004; dated
18 November 1999, directed the deployment of the applicant’s unit to the
former Yugoslav Republic to conduct peace keeping operations in support of
Operation Joint Guardian in Kosovo on or about 7 December 1999.  A roster
of individuals deployed with the unit, which included the applicant, was
attached to these orders.

3.  A NATO Certificate on file confirms the applicant was awarded the NATO
Medal for his service in the former Republic of Yugoslavia during the
period
7 December 1999 through 21 June 2000.

4.  13th Corps Support Battalion Orders # 225-6; dated 13 August 2001,
awarded the applicant the first award of the Army Good Conduct Medal
(AGCM).

5.  A Certificate of Achievement on file confirms the applicant
participated in the Global War on Terrorism (GWOT) in support of Operation
Iraqi Freedom from 2003 through 2004.

6.  In a DA Form 638, dated 12 January 2004, the applicant’s platoon
sergeant recommended him for the ARCOM 1st Oak Leaf Cluster for his
meritorious service during the period 10 June 2003 through 10 January 2004,
while deployed to Iraq in support of Operation Iraqi Freedom.  This
recommendation was approved and the applicant was awarded the ARCOM in
593rd Corps Support Group Permanent Order # 063-15 on 3 March 2004.  The
record is void of any other orders or documents showing award of another
ARCOM.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the AGCM.

8.  On 16 November 2004, the applicant was honorably separated after
completing a total of 6 years, 5 months and 9 days of active military
service.  The DD Form 214 he was issued contains no entry in Item 12f
(Foreign Service), and does not contain entries pertaining to his overseas
deployments in Item 18.

9.  Item 13 of the DD Form 214 issued to the applicant upon his separation
shows he earned the following awards during his tenure on active duty:
Global War on Terrorism Service Medal (GWOTSM); AAM; National Defense
Service Medal (NDSM); Army Lapel Button; Noncommissioned Officer
Professional Development Ribbon (NCOPDR); Army Service Ribbon (ASR); and
Expert Qualification Badge with Rifle Bar.  The ARCOM and AGCM are not
included in the list of authorized awards.

10.  Executive Order Number 13289 dated 12 March 2003, established two new
medals for service in the Global War on Terrorism (GWOT).  They are the
Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on
Terrorism Service Medal (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.

11.  The GWOTEM is authorized to be awarded to Soldiers who deploy abroad
for service in GWOT operations on or after 11 September 2001.  Initial
award is limited  to Soldiers deployed abroad in operations Enduring
Freedom and Iraqi
Freedom in a designated area of expedition (AOE).  The guidance specifies,
in pertinent part, 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).  Only Soldiers serving in an operationally deployed
status
in a designated AOE are eligible for the GWOTEM.  Iraq was considered
an AOE for the GWOTEM.

12.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded for each
three-year period an individual distinguishes himself/herself by conduct,
efficiency and fidelity.  Although there is no automatic entitlement to the
AGCM, disqualification must be justified.

13.  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 total amount of Foreign Service
completed during the period covered by the DD Form 214 will be entered in
Item 12f (Foreign Service).

14.  The instructions contained in the separation documents regulation for
completing of Item 13 are to enter all decorations, medals, badges,
citations, and campaign ribbons awarded or authorized in the order of merit
they are listed in the Army’s awards regulation.  The instructions for
completion of Item 18 state, in pertinent part, that for an active duty
Soldier deployed with his or her unit during their continuous period of
active service, the following entry will be made:  "SERVICE IN (NAME OF
COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the NATO
Medal for his 6 months and 15 days of service in Kosovo from 7 December
1999 through 21 June 2000.  Further, based on this service, he is also
entitled to the GWOTEM.  Therefore, it would be appropriate to add these
awards to his separation document at this time.

2.  The record also shows the applicant was awarded the ARCOM for his
7 months and 1 day of service in Iraq in support of Operation Iraqi Freedom
from
20 June 2003 through 10 January 2004.   However, although the 12 January
2004 recommendation submitted by the applicant’s platoon sergeant was for
the ARCOM 1st Oak Leaf Cluster, the evidence of record is void of any
orders or documents confirming a second award of the ARCOM.

3.  The applicant was awarded the first award of the AGCM, the orders
authorizing this award contained an erroneous through date of 23 June 2001.
 His MPRJ is void of any derogatory information or a formal
disqualification from any of the active duty unit commanders for whom he
served.  As a result, it is concluded that he completed the following two
periods of qualifying honorable active duty service that entitles him to
two awards of the AGCM:  8 June 1998 through 7 June 2001; and 8 June 2001
through 7 June 2004.

4.  The record also confirms that during the period covered by the DD Form
214, the applicant served overseas in Kosovo for 6 months and 15 days and
in Iraq for 7 months and 1 day.  As a result, it would be appropriate to
amend his
16 November 2004 DD Form 214 by deleting the entry in Item 12f and
replacing it with the entry “01  01  20”.  Further, the following entries
should be added to Item 18:  “SERVICE IN KOSOVO 19991207-20000620” and
“SERVICE IN IRAQ 20030620-20040110”.

BOARD VOTE:

___TSK _  __RLD __  __JBM__  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  revoking 13th Corps Support Battalion Permanent Orders # 225-6,
and awarding him the first award of the Army Good Conduct Medal for his
qualifying honorable active duty service from 8 June 1998 through 7 June
2001 and the second award for his qualifying honorable service from 8 June
2001 through
7 June 2004;

      b.  deleting the current entry in Item 12f of his DD Form 214 and
replacing it with the entry “01  01  20”;

      c.  adding the Army Commendation Medal, North Atlantic Treaty
Organization Medal, Army Good Conduct Medal 2nd Award, and Global War on
Terrorism Expeditionary Medal to Item 13 of his DD Form 214;

      d.  adding the entries "SERVICE IN KOSOVO 19991207-20000620” and
“SERVICE IN IRAQ 20030620-20040110”; and

      e.  providing him a correction to his separation document that
includes these changes.




            ____Ted S. Kanamine_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005530                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/11/16                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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