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ARMY | BCMR | CY2005 | 20050006449C070206
Original file (20050006449C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 December 2005
      DOCKET NUMBER:  AR20050006449


      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. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his deployments be annotated to
his separation document (DD Form 214.  He also requests, in effect, any
campaign medals he is entitled to for his deployments to Afghanistan and
Iraq in support of the Global War on Terrorism (GWOT).

2.  The applicant states, in effect, that he was deployed to Bosnia,
Afghanistan, and Iraq and these deployments are not on his DD Form 214.  He
states he was deployed to Bosnia from 25 February through 27 September
2001, to Afghanistan in support of Operation Enduring Freedom from 21 July
2002 through 21 January 2003, and to Iraq from 12 March 2003 through 31 May
2003 in support of Operation Enduring Freedom.   He further states that he
was deployed in support of Operation Enduring Freedom and Operation Iraqi
Freedom, but the associated campaign medals are not his DD Form 214.

3.  The applicant provides the following documents in support of his
application: DD Form 214; Headquarters, XVIII Airborne Corps and Fort Bragg
Permanent Orders Number (#) 010-056; Headquarters, Multination Division
Permanent Orders # 256-005 with Manifest; Task Force Eagle, Multinational
Division, Tuzla Bosnia-Herzegovina Memorandum; North Atlantic Treaty
Organization (NATO) Medal Award Certificate; Headquarters, XVIII Airborne
Corps and Fort Bragg, Permanent Orders # 191-027 with Manifest; Joint Force
Special Operations Component Commander Redeployment Order; Combined/Joint
Task Force 180, Permanent Orders # J-03-009-005; Headquarters, XVIII
Airborne Corps and Fort Bragg, Permanent Orders # 063-049 with Manifest;
Passenger Processing Sheet; Army Commendation Medal (ARCOM) Certificate;
Bronze Star Medal (BSM) Certificate with the associated Recommendation for
Award (DA Form 638); and the Joint Service Achievement Medal (JSAM).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army (RA) and
entered active duty on 24 September 1997.  He was trained in, awarded, and
served in military occupational specialty (MOS) 97B (Criminal Investigation
Agent).

2.  Headquarters, XVIII Airborne Corps and Fort Bragg Permanent Orders
# 010-0156, dated 10 January 2001, directed the deployment of the
applicant’s unit to Tulza, Bosnia-Herzegovina, in support of Operation
Joint Forces, on or about 24 February 2001.  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 12 March 2000 through 1 October 2001.

4.  Headquarters, XVIII Airborne Corps and Fort Bragg Permanent Orders
# 191-027, dated 10 July 2002, directed the deployment of the applicant’s
unit to Afghanistan in support of Operation Enduring Freedom.  A roster of
unit members who moved on this deployment with the unit, which included the
applicant, was included with the orders.

5.  Combined Joint Task Force 180, Permanent Orders # J-03-009-005, dated
21 January 2003, awarded the applicant the JSAM for outstanding achievement
while serving in Afghanistan in support of Operation Enduring Freedom
during the period 28 July 2002 through 1 February 2003.

6.  Headquarters, XVIII Airborne Corps and Fort Bragg, Permanent Orders
# 063-049, dated 4 March 2003, directed the deployment of the applicant’s
unit to Iraq in support of Operation Enduring Freedom.  A roster of unit
members who deployed with the unit, which included the applicant, was
attached to these orders.

7.  A BSM Certificate on file shows the applicant was awarded the BSM for
exceptionally meritorious achievement while serving as the tactical human
intelligence team leader in Iraq in support of Operation Enduring Freedom
from 19 March through 31 May 2003.

8.  A Headquarters, V Corps Memorandum, dated 26 October 1998, awarded the
applicant the Silver German Marksmanship Badge.

9.  Executive Order Number 13289, dated 12 March 2003 established a new
medal for service in the Global War on Terrorism (GWOT), the Global War on
Terrorism Service Medal (GWOTSM).  This medal is 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.

10.  The GWOTSM is authorized to be awarded to Soldiers who have
participated in or served in support of GWOT operations outside a
designated area of eligibility (AOE) on or after 11 September 2001.
Initial award of the GWOTSM will be limited to airport security operations
from 27 September 2001 through 31 May 2002, who supported Operations Noble
Eagle, Enduring Freedom, and Iraqi Freedom.  All Soldiers on active duty,
including Reserve

Component Soldiers mobilized and National Guard Soldiers activated on or
after 11 September 2001, having served 30 consecutive days or 60 non-
consecutive days, are authorized the GWOTSM.

11.  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.

12.  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.


13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 9-30 contains
guidance on award of foreign badges.  It states, in pertinent that
qualification and special skill badges may be accepted if awarded n
recognition of meeting the criteria, as established by the Foreign
government concerned, for the specific award.  Only those badges which are
awarded in recognition of military activities and by the military
department of the host country are authorized for acceptance and permanent
wear.

14.  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 o 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 Official Military Personnel File (OMPF).

15.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) 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.  It also instructs that the
awards will be entered in the order of merit they are listed in the Army’s
awards regulation.

16.  The instructions contained in the separation documents regulation for
completion of Item 18 (Remarks) 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 applicant contends, in effect, that his DD Form 214 should be
corrected because it does not show his service in Bosnia, Afghanistan, and
Iraq or the awards he is authorized for his deployments.



2.  The evidence of record confirms the applicant served on active duty
outside of an AOE for 30 consecutive days after 11 September 2001.
Therefore, he is entitled to the GWOTSM and to have his records corrected
to show this service medal.

3.  The evidence of record also confirms the applicant served in
Afghanistan in support of Operations Enduring Freedom from 21 July 2002
through 12 March 2003, and in Iraq in support of Operation Iraqi Freedom
from 19 March 2003 through 31 May 2003.  Therefore, he is entitled to the
Afghanistan Campaign Medal and Iraq Campaign Medal and to have his records
corrected to show these campaign medals.

3.  The record also shows the applicant was awarded the Silver German
Marksmanship Badge, and this award was approved for permanent wear by
proper authority.  Therefore, it would be appropriate to add this badge to
his separation document.

4.  The record further shows that during the period covered by the DD Form
214, the applicant served overseas in Bosnia from 24 February 2001 through
27 September 2001; Afghanistan from 21 July 2002 through 21 January 2003;
and Iraq from 19 March 2003 to 31 May 2003.  Therefore, it would be
appropriate to add the following entries to Item 18 of his separation
document:  “SERVICE IN BOSNIA 20010224 -20010927”, ”SERVICE IN AFGHANISTAN
20020721-2003012”, and “SERVICE IN IRAQ 20030319-20030531.”

BOARD VOTE:

___JCH__  __REB__  ___JRM_  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 amending his 23 September 2003 DD Form 214 as
follows:


      a.  Item 13 - add the Global War on Terrorism Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, and the Silver German
Marksmanship Badge;


      b.  Item 18 - add the entries "SERVICE IN BOSNIA 20010224 -20010927”,
“SERVICE IN AFGHANISTAN 20020721-20030121”, and “SERVICE IN IRAQ 20030319-
20030531; and


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




                                  ____James C. Hise_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006449                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/12/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/09/23                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |COMPLETION OF REQUIRED SERVICE          |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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