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ARMY | BCMR | CY2006 | 20060000401C070205
Original file (20060000401C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            24 August 2006
      DOCKET NUMBER:   AR20060000401


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 her award of the Purple Heart be added to
her report of separation (DD Form 214).

2.  The applicant states that the Purple Heart she received for wounds
received in Iraq should be added to her DD Form 214.

3.  The applicant provides a copy of her orders and citation for award of
the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army in Portland, Oregon, on 15
March 2001 for a period of 3 years and training as a chemical operations
specialist.  She successfully completed her one-station unit training
(OSUT) at Fort Leonard Wood, Missouri and was transferred to Fort Hood,
Texas, for assignment to the 46th Chemical Company.

2.  She was advanced to the pay grade of E-4 on 1 April 2003 and was
deployed with her unit to Iraq in support of Operation Iraqi Freedom on 6
April 2003.

3.  She departed Iraq on 23 December 2003 and was returned to her unit at
Fort Hood.  On 8 January 2004, Permanent Orders 008-11 were published
awarding her the Purple Heart for wounds received as a result of enemy or
hostile action on 27 October 2003.

4.  On 14 March 2004, she was honorably released from active duty (REFRAD)
due to completion of required service.  She had served 3 years of total
active service and her DD Form 214 issued at the time of her REFRAD shows
that she was awarded the National Defense Service Medal and the Army
Service Ribbon.
5.  A review of the applicant’s records fails to show evidence of any
derogatory information or disqualification for award of the Good Conduct
Medal by the commander.

6.  Army Regulation 600-8-22 outlines the criteria for award of the Good
Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL is
awarded for exemplary behavior, efficiency, and fidelity in active Federal
military service.  It is awarded on a selective basis to each soldier who
distinguishes him or herself from among their fellow soldiers by their
exemplary conduct, efficiency, and fidelity throughout their service.
There is no right or entitlement to the medal until the immediate commander
has approved the award and the award has been announced in permanent
orders.  Separation transfer points will review records of enlisted
personnel being separated to determine whether they qualify for award of
the GCMDL.  Where possible, a reasonable effort will be made to contact the
unit commander prior to awarding the medal to qualified members.

7.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal (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 or 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.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal (GWOTSM).  This award is designated for Soldiers
who have participated in or served in support of Global War on Terrorism
Operations outside of the designated area of eligibility determined for
award of the Global War on 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the Purple Heart was awarded
to the applicant for her injuries in Iraq on 27 October 2003.  Accordingly,
it must be presumed that an administrative oversight resulted in it being
omitted from her DD Form 214 at the time of her REFRAD.  Accordingly, it
would be in the interest of justice to add it at this time.
2.  The Board also notes that the applicant’s records contain no derogatory
information that would serve to disqualify her for award of the GCMDL.
Therefore, it must be presumed that the failure to award her the GCMDL was
the result of an administrative error.  Accordingly, it would be in the
interest of justice to award her the GCMDL for the period of 15 March 2001
to 14 March 2004.

3.  Additionally, the evidence of record also established that the
applicant is entitled to awards of the GWOTEM and the GWOTSM.  Therefore,
she should be awarded the GWOTEM and the GWOTSM at this time and it should
be added to her records as well.

BOARD VOTE:

____JM _  ____SF _  ___RH __  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
showing her award of the Purple Heart and by awarding her the GCMDL for the
period of 15 March 2001 to 14 March 2004, the GWOTSM, and the GWOTEM for
her service in Iraq.




                                  _____Jeanette McCants_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000401                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20040314                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 4                        |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/de                                   |
|1.107.0000              |                                        |
|2.107.0015              |61/ph                                   |
|3.107.0056              |102/gcmdl                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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