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ARMY | BCMR | CY2005 | 20050005759C070206
Original file (20050005759C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JANUARY 2006
      DOCKET NUMBER:  AR20050005759


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 that his December 2003 separation document be
corrected to reflect his deployment in support of Operation Iraqi Freedom
between March and July 2003.  He also asks that his records be corrected to
reflect award of the Army Commendation Medal and the Army Achievement
Medal.

2.  The applicant states the information was omitted from his separation
document.  He notes that at the time he signed his separation document he
noted the omissions but was told the separation point could not make the
corrections.

3.  The applicant provides a copy of his separation document, a copy of the
document approving his award of the Army Commendation Medal, and documents
confirming his deployment.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
Army Achievement Medal.  There are no orders or other evidence authorizing
award of this decoration.  In the absence of a proper award authority for
this decoration, the applicant may request those awards under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, it will not be
discussed further in the Record of Proceedings.

2.  Records available to the Board indicate the applicant entered active
duty on 24 October 2000.  According to a statement from his commander,
dated
15 October 2003, the applicant was deployed in support of Operation Iraqi
Freedom between 31 March and 9 July 2003.  His deployment to Iraq was also
confirmed in the recommendation for his award of the Army Commendation
Medal.

3.  The applicant was awarded an Army Commendation Medal for his
meritorious service while a member of the 44th Air Defense Artillery
between April and September 2003, which included his period of deployment
to Iraq.  Orders confirming the award were announced by the brigade
adjutant on 13 September 2003.  The award, however, was omitted from his
separation document.

4.  In November 2003 the applicant was awarded an Army Good Conduct Medal.
Orders issued by the 4th Infantry Division confirm that award.  However, it
too was omitted from his separation document.

5.  On 20 December 2003 the applicant was released from active duty with an
honorable characterization of service.  Item 12f (foreign service) on his
separation document shows no foreign service.

6.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized or National Guard Soldiers activated, on or
after 11 September 2001 to a date to be determined having served 30
consecutive days or 60 nonconsecutive days are authorized this award.

7.  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.

8.  Army Regulation 635-5 provides instructions for the preparation and
issuance of the DD Form 214, and entries in item 12f will be extracted from
overseas tour information from the Soldier's Officer or Enlisted Record
Brief.  The Officer and Enlisted Record Brief record reflects overseas
service which was performed in a permanent, not temporary, duty status.
The regulation does state, however, that item  18 (remarks) on the
separation document will reflect the statement "SERVICE IN (NAME OF COUNTRY
DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD) for active
duty Soldier deployed with his or her unit during their continuous period
of active service.  In the applicant's case that entry would be "SERVICE IN
IRAQ FROM 20030331 – 20030709."

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded an Army Commendation
Medal.  His records should be corrected accordingly.

2.  The evidence also confirms the applicant was awarded the Army Good
Conduct Medal and that he is entitled to the Global War on Terrorism
Service Medal and the Iraq Campaign Medal.  His records should be corrected
to reflect that information.

3.  Although the applicant's deployment to Iraq in support of Operation
Iraqi Freedom would not be recorded in item 12f on his separation document,
item 18 should be corrected to add the statement "SERVICE IN IRAQ FROM
20030331 – 20030709."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LS  ___  __RB ___  __RN    _  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 showing the applicant was awarded an Army Commendation Medal;


      b.  by showing he was also awarded an the Army Good Conduct Medal and
that he is entitled to the Global War on Terrorism Service Medal and the
Iraq Campaign Medal; and


      c.  by adding the statement "SERVICE IN IRAQ FROM 20030331 – 20030709"
to item 18 on his separation document.
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
adding overseas service to item 12f on his separation document.




                                  _____ Linda Simmons________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005759                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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