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ARMY | BCMR | CY2005 | 20050018051C070206
Original file (20050018051C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20050018051


      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. Michael L. Engle              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |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, correction of his military records
to show award of the Army Good Conduct Medal (AGCM) and his campaign medal
for participation in support of Operation Iraqi Freedom.

2.  The applicant states that he fulfilled his 3-year obligation to the
United States Army without any adverse action and served in Operation Iraqi
Freedom from February to July 2003.

3.  The applicant provides a copy of his Certificate of Release or
Discharge from Active Duty (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.   The applicant served in the United States Marine Corps from 14
December 1992 to 26 June 1996, completing 3 years, 8 months and 13 days of
creditable active duty.

2.   On 3 October 2000, the applicant enlisted in the Regular Army for 3
years.  He completed his initial training and was awarded military
occupational specialty 63J10 (Quartermaster and Chemical Equipment
Repairer).

3.   The applicant served in the Republic of Korea from 1 May 2001 to 11
May 2002.  He was awarded the Army Achievement Medal for meritorious
service while assigned with the 702nd Main Support Battalion, 2nd Infantry
Division, in Korea.

4.   The applicant was deployed with the 87th Chemical Company, 2nd Armor
Cavalry Regiment in support of Operation Iraqi Freedom from 22 February to
24 June 2003.

5.  The applicant completed his required active duty and was honorably
released on 20 December 2003.  He completed 3 years, 2 months and 18 days
of active duty.   He attained the rank of specialist, E4, and was
transferred to the United States Army Reserve Control Group
(Reinforcement).

6  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214, shows his awards as
the National Defense Service Medal, Marine Corps Good Conduct Medal, Army
Achievement Medal with oak leaf cluster, Army Service Ribbon, Overseas
Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle
Bar.  It does not show award of the Global War On Terrorism Expeditionary
Medal (GWOTEM), Global War On Terrorism Service Medal (GWOTSM), Korea
Defense Service Medal, or the AGCM.  Item 18 (Remarks) shows that he was
deployed in support of Operation Iraqi Freedom from 22 February to
24 June 2003.

7.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTSM.  This award
is designated for Soldiers who have participated in or served in support of
Global War on Terror Operations outside of the designated area of
eligibility determined for award of the Global War of Terrorism
Expeditionary Medal on or after
11 September 2001 to a date to be determined.  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.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTEM for Soldiers
who deploy abroad for service in the Global War on Terrorism Operations on
or after 11 September 2001 to a date to be determined.  To be eligible for
this award a Soldier must be mobilized with, assigned, or attached to a
unit participating in designated operations for 30 consecutive days or for
60 nonconsecutive days in the areas of eligibility designated, or must meet
one of the following criteria: a) be engaged in actual ground combat
against the enemy and under circumstances involving grave danger of death
or serious bodily injury from enemy action, regardless, of the time in the
area of eligibility; b) while participating in the designated operation,
regardless of time, is killed or wounded/injured requiring medical
evacuation from the area of eligibility, or c) participate as a regularly
assigned air crew member flying sorties for
30 consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in direct support of Operations Enduring Freedom
and/or Iraqi Freedom.  The message also states that under no condition will
any soldier in the United States receive this award.

9.  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.

10.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.  Service stars are not prescribed for wear with this medal;
however, the Iraq 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 Iraq; however, service members who qualified for the
GWOTEM by reason of service between 19 March 2003 and 30 April  2005 in an
area for which the Iraq Campaign Medal was subsequently authorized shall
remain qualified for the GWOTEM.  Upon application, any such service member
may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such
service; however, no service member shall be entitled to award of the Iraq
Campaign Medal and the GWOTEM for the same act, achievement or period of
service. 

11.   Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the KDSM.  This message
specified criteria for the award of the KDSM as follows: a) service members
of the armed forces must have served in support of the defense of the
Republic of South Korea from 28 July 1954 through a future date to be
determined by the Secretary of Defense; b) the area of eligibility
encompasses all land area of the Republic of South Korea, and the
contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas; c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
for 30 consecutive or 60 non-consecutive days.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the AGCM is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years, except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  For the first award only, a qualifying period of service after 27
June 1950, is of less than 3 years but more than 1 year.  Although there is
no automatic entitlement to the AGCM, disqualification must be justified.
Current practice requires that commanders provide a written notice of
unfavorable consideration and permit the individual to respond.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995, and 11
September 2001 to a date to be determined.  A service star signifies a
second or subsequent award of the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 3 October 2000 to 21 February
2003, prior to his deployment in support of Operation Iraqi Freedom.
Therefore, he is authorized award of the GWOTSM.

2.  The applicant was deployed in direct support of Operation Iraqi Freedom
from
22 February to 24 June 2003.  He therefore qualified for award of either
the GWOTEM or the Iraq Campaign Medal.   Therefore, the applicant's request
for a campaign medal should be granted.  His records should show award of
the Iraq Campaign Medal.

3.   The applicant served in the Republic of Korea during a qualifying
period of time for award of the KDSM.  Therefore, the applicant is entitled
to correction of his military records to show this award.

4.   The applicant served during two different qualifying periods for award
of the National Defense Service Medal.  Therefore, his records should be
corrected to show award of the National Defense Service Medal with one
star.

5.  The applicant’s records clearly show that he distinguished himself in
the performance of his military service.  Therefore, it is presumed that
his not receiving an AGCM for his service was an oversight.  Accordingly,
his records should show award of this medal.







BOARD VOTE:

__DED___  _JEA___  _JRH___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  awarding him the Army Good Conduct Medal for the period from
3 October 2000 to 2 October 2003, and

      b.  showing that, in addition to the awards shown on his DD Form 214,
his authorized awards include the Army Good Conduct Medal, the Korea
Defense Service Medal, the National Defense Service Medal with one service
star, the Global War on Terrorism Service Medal, and the Iraq Campaign
Medal.




                                  __James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018051                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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