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ARMY | BCMR | CY2005 | 20050016183C070206
Original file (20050016183C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050016183


      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. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 both of his awards for the Army
Commendation Medal (ARCOM) and his military education be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty).
Additionally, he requests that his deployments to Afghanistan be listed on
his
DD Form 214.

2.  The applicant states that he is missing information in block 12f
"Foreign Service," block 13 "Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized," and block 14 "Military Education"
on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, DA Forms 638
(Recommendation for Award) with certificates, certificates for completion
of training, and a Soldier Deployment History Outprocessing Report.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on
           30 April 2002.  After completion of basic and advanced
individual training, he was awarded military occupational specialty 21B
(Combat Engineer).  He was honorably released from active duty after
completion of 3 years of active federal service on 29 April 2005.

2.  The applicant's DD Form 214 does not list any foreign service in item
12f or any military education courses in item 14.  Item 13 shows the
applicant was awarded the National Defense Service Medal, Global War on
Terrorism Service Medal, Army Service Ribbon, and the Parachutist Badge.

3.  The applicant provided a certificate of completion from the Department
of the Army Countermine Counter Booby Trap Center, United States Army
Engineer School, Fort Leonard Wood, Missouri.  This certificate verifies
that the applicant successfully completed the Hand Held Standoff Mine
Detection System (HSTAMIDS) Operators Course from 24 February 2003 to 28
February 2003.

4.  The certificates of completion from the 82nd Airborne Division Army
Scientific Advisory Panel (ASAP) certifies the applicant completed 28 hours
in the 82nd ASAP Intensive Outpatient Program.  The certificate is dated
21 November 2003.

5.  The applicant also received a certificate of training which certified
that he successfully completed 40 hours of drivers’ training from 22
September 2003 through 26 September 2003.

6.  The certificate for award of the ARCOM for the period from 27 January
2003 to 1 August 2003 verifies the applicant was awarded the ARCOM for
meritorious service while serving as a mine detector operator for Charlie
Company, 27th Engineer Battalion in Afghanistan, in support of Operation
Enduring Freedom.  The certificate and DA Form 638 both show Permanent
Order 181-07 dated
4 July 2003.

7.  The certificate from 17 April 2004 to 10 December 2004 verifies that
the applicant was awarded the ARCOM for exceptional service as a sapper in
2nd Platoon, Charlie Company, 27th Engineer Battalion.  The certificate and
DA Form 638 show Permanent Order 055-31 dated 24 February 2005.

8.  The "Soldier Deployment History Outprocessing Report" shows that the
applicant was deployed from 18 January 2003 to 18 July 2003 and from
      5 April 2004 to 11 December 2004 for the purpose of a contingency
operation.

9.  Army Regulation 635-5 (Personnel Separations) established standardized
procedures for preparation and distribution of the DD Form 214.  The
regulation states, in pertinent part, from the Enlisted Record Brief (ERB),
enter the total amount of foreign service completed as part of a normal
overseas tour during the period covered in block 12f.

10.  This same regulation provides that formal in-service (full-time
attendance) training courses successfully completed during the period of
service covered by the DD Form 214, in item 14 include title, length in
weeks, and year completed. This information is to assist the Soldier in job
placement and counseling; therefore, do not list training courses for
combat skills.

11.  Army Regulation 635-5 also states that for an active duty Soldier
deployed with his or her unit during their continuous period of active
service enter in item 18 "Service in (name of country deployed) from
(inclusive dates for example, yyyymmdd - yyyymmdd)."

12.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.



13.  The applicant's DD Form 214 does not list award of the Combat Action
Badge (CAB).  Permanent Order 249-023, dated 6 September 2005, awarded the
applicant the CAB for the period of service, 20 July 2004, for actively
engaging or being engaged by the enemy.

14.  Additionally, the applicant's DD Form 214 does not list award of the
Afghanistan Campaign Medal or the Global War on Terrorism Expeditionary
Medal.

15.  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.

16.  Only one award of the Afghanistan Campaign Medal may be authorized for
any individual.  Service stars are not prescribed for wear with this medal;
however, the Afghanistan Campaign Medal may be awarded with the bronze
arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global
War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be
awarded for service in Afghanistan; however, service members who qualified
for the GWOTEM by reason of service between 24 October 2001 and 30 April
2005 in an area for which the Afghanistan Campaign Medal was subsequently
authorized shall remain qualified for the GWOTEM.  Upon application, any
such service member may be awarded the Afghanistan Campaign Medal in lieu
of the GWOTEM for such service; however, no service member shall be
entitled to award of the Afghanistan Campaign Medal and the GWOTEM for the
same act, achievement or period of service.


DISCUSSION AND CONCLUSIONS:

1.  The Board acknowledges the applicant’s certificates of completion
verifying that he successfully completed the 82nd ASAP Intensive Outpatient
Program and HSTAMIDS Operators Course.  As cited above, the 82nd ASAP
Intensive Outpatient Program was less than one week in duration and the
HSTAMIDS Operators Course is a combat skills training course and therefore,
the two courses are not to be listed on the separation document.  However,
his certificate of training for successfully completing drivers’ training
meets the requirements established and will be added on his DD Form 214.

2.  The ARCOM and CAB orders are sufficient evidence to correct the
applicant’s records to show these awards.

3.  Evidence of record shows that the applicant was deployed to Afghanistan
on two separate occasions in support of Operation Enduring Freedom from
27 January 2003 to 1 August 2003 and from 17 April 2004 to 10 December
2004.
However, his record will not be corrected to show his service in
Afghanistan under item 12f "Foreign Service" on of his DD Form 214.  The
intent of item
12f on an individual’s separation document is to reflect foreign service
completed as part of a normal overseas tour as captured on the ERB.   The
item was never intended to be a compilation of each and every deployment by
an individual or his unit as a part of contingency operations.  Such
deployments are appropriately reflected in item 18 of the separation
document.

4.  Records further show that the applicant is entitled to the GWOTEM for
his first deployment to Afghanistan during the period 27 January 2003 to 1
August 2003. He is also entitled to the Afghanistan Campaign Medal for his
deployment to Afghanistan during 17 April 2004 to 10 December 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___EA __  ___RL___  ___RM__  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 as follows:

      a.  by adding the Drivers’ Training Course, 1 week, September 2003;


      b.  by showing he was awarded the ARCOM with OLC and the CAB;


      c.  by adding in item 18, Operation Enduring Freedom, Afghanistan:
27 January 2003 to 1 August 2003; and from 17 April 2004 to 10 December
2004; and


      d.  by awarding him the GWOTEM and the Afghanistan Campaign Medal.

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
listing 82nd ASAP Intensive Outpatient Program and HSTAMIDS Operators
Course under military education and listing his Afghanistan deployment in
item 12f of his DD Form 214.




                                  ______Eric Andersen_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016183                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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