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ARMY | BCMR | CY2005 | 20050006262C070206
Original file (20050006262C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 November 2005
      DOCKET NUMBER:  AR20050006262


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 military records to show his
Foreign Service Credit for his deployment to Kuwait for the period 16
February 1998 through 5 May 1998.

2.  The applicant states, in effect, that this information should be listed
on his DD Form 214 (Certificate of Release or Discharge from Active Duty),
dated 29 July 2001.  The applicant continues that corrections requested are
needed to show his status as a veteran in order to apply for the South
Dakota bonus.

3.  The applicant provides in support of his application a copy of his DD
Form 214 (Certificate of Release or Discharge from Active Duty), dated of
29 July 2001; and a copy of his award of the Armed Forces Expeditionary
Medal which shows his participation in Operation Desert Thunder from 16
February 1998 to 5 May 1998 in Kuwait.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that, on 30 July 1997, he
enlisted in the Regular Army.  He completed basic combat training, advanced
individual training and was awarded military occupational specialty
11C10 (Indirect Fire Infantryman).  The applicant was honorably discharged
from active duty on 29 July 2001.

2.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the
entry "0000 00 00."

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 (Certificate of
Release or Discharge from Active Duty), does not show he was awarded the
Armed Forces Expeditionary Medal.

4.  Item 9 (Award Decoration and Campaigns) of the applicant's Personnel
Qualification Record – Part II shows award the Army Service Ribbon.

5.  The applicant's submitted Memorandum for Record: Headquarters, 1st
Battalion, 30th Infantry Regiment, Fort Benning, Georgia, dated 9 April
1998.  The memorandum shows the applicant met all the criteria and in
connection with
Military Personnel message dated 241429Z March 1998, authorized the Armed
Forces Expeditionary Medal in accordance Army Regulation 600-8-22 (military
Awards).  The memorandum also states that the applicant was deployed to the
Kuwaiti Theatre of Operations in support of Task Force 1-30 Infantry for
Operation Desert Thunder from 16 February 1998 through 5 May 1998.

6.  Review of the applicant’s available service record indicates that he is
entitled to an additional award that is not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Armed Forces Expeditionary Medal for qualifying service
after 1 July 1958 in U.S. military operations, U.S. operations in direct
support of the United Nations, and U.S. operations of assistance to
friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation or
to serve in the area of operations for
30 days, or to be engaged in direct support of the operation for 30
consecutive or 60 nonconsecutive days provided this support involves
entering the area of operations.  The regulation also provides that the
Armed Forces Expeditionary Medal may be awarded if the individual served
the full period in cases when the operation is less than 30 days in
duration, if the individual is engaged in actual combat with armed
opposition regardless of the period of service, if the individual
participates as a member of an aircraft flying in support of the operation,
or if the individual is recommended (or attached to a unit recommended) for
award of the medal if the above criteria have not been met.

8.  Military Personnel Message 00-102, dated 140947Z February 2000,
authorized award of the Armed Forces Expeditionary Medal for Operation
Desert Spring (31 December 1998 to a date to be determined) in the expanded
area of eligibility of Southwest Asia/Iraq Operations.  The general
requirements for award of the Armed Forces Expeditionary Medal are that the
service member must be a bonafide member of a unit engaged in the
operation, or meet one or more of the following criteria as shown in Army
Regulation 600-8-22, for award of the Armed Forces Expeditionary Medal.

9.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  In
pertinent part, it directs that foreign service performed during the period
covered by the DD Form 214 will be entered in item 12f.  The regulation
also states that the amount of foreign service will be taken from the
soldier's Enlisted Qualification Record or, if necessary, verified from the
service member's Military Personnel Records jacket.




10.  Army Regulation 635-5 (Separation Documents) establishes the policies
and procedures for completion and distribution of the DD Form 214.  The
regulation, states, in pertinent part, that the country and dates of
deployment for an active duty service member deployed with his or her unit
during their continuous period of active service will be shown in item 18
(Remarks) on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his record to show the Armed
Forces Expeditionary Medal as an authorized award.

2.  The applicant's Headquarters, 1st Battalion, 30th Infantry Regiment,
Fort Benning Georgia, dated 9 April 1998, Memorandum for Record shows he
met the criteria and was authorized award of the Armed Forces Expeditionary
Medal.

3.  As authorized in Military Personnel message 02-150, dated 031034Z May
2002, the applicant met the criteria for award of the Armed Forces
Expeditionary Medal.  As a result, the applicant is entitled to have this
award shown on his DD Form 214.

4.  The applicant requested correction of his DD Form 214 to show his
foreign service.

5.  The evidence of record shows that the applicant served overseas in
Kuwait from 16 February 1998 through 05 May 1998, in "Operation Desert
Thunder 98" for a period of 3 months.  Therefore, his DD Form 214 should be
corrected to show his foreign service as 3 months.

6.  The applicant's record should also show that he was deployed while on
active duty in Kuwait from 16 February 1998 through 05 May 1998 in item
18 (Remarks) of his DD Form 214.  Therefore, Item 18 (Remarks) on his DD
Form 214 should be corrected to show where and when he was deployed
overseas.



BOARD VOTE:

_CD____ __JI___ _TDH_____ GRANT FULL RELIEF

________ ________ ________ 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 by:

      a.  amending Item 12f (Foreign Service) of the DD Form 214 of the
individual concerned to show the entry "0000 03 00."

      b.  amending Item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 of the
individual concerned to show award of the Armed Forces Expeditionary Medal.

      c.  amending Item 18 (Remarks) on his DD Form 214 to show "SERVICE IN
KUWAIT (Operation Desert Thunder 98 to 98) FROM 19980216 TO 19980505."





            __Thomas D. Howard, Jr.__
                    CHAIRPERSON


INDEX

|CASE ID                 |AR20050006262                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 4                   |
|DISCHARGE REASON        |Completion of required active service   |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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