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ARMY | BCMR | CY2006 | 20060000834C070205
Original file (20060000834C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060000834


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 her DD Form 214 (Certificate of
Separation or Discharge) be corrected to show her foreign service time, and
award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Army
Achievement Medal (AAM).

2.  The applicant states she was deployed to Iraq from February 2003
through January 2004, but her DD Form 214 does not reflect any foreign
service.  She further states everyone in her unit, the 63rd Signal
Battalion, was to receive the GWOTEM, and she was to receive an AAM as her
separation award.  She states she never received either award and they are
not reflected on her DD Form 214. She says she was told that the AAM was
mailed out to her in December 2005.

3.  The applicant also states that during her out-processing, she obtained
an updated copy of her Enlisted Record Brief (ERB) and notified the out-
processing personnel that her overseas service was not annotated on her
ERB.  She says she was told it was an error and it would be corrected
before she departed the Army.  She says her final out-processing stop was
the transition point; however, due to scheduling conflict with shipping her
household goods, she was unable to make it to the transition point and pick
up her DD Form 214, so she called the transition point and was told that
her DD Form 214 was already mailed out to her. When she received the DD
Form 214 in the mail, she noticed the errors and called the transition
point, but they advised her that they could not do anything to correct her
DD Form 214.

4.  The applicant provides a copy of the Army Commendation Medal (ARCOM)
certificate awarded to her for meritorious service while in Iraq during the
period 19 March 2003 through 31 May 2003, and Permanent Orders (Deployment
Group Orders) Number 046-0004, dated 15 February 2003, for Company C, 63d
Signal Battalion (Forward), Fort Gordon, GA, for 365 days in support of
Operation Enduring Freedom.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 November 2005.  The application submitted in this case
is dated 4 January 2006.

2.  The applicant's DD Form 214 shows she entered active duty on 30 May
2001. She completed basic combat training and advanced individual training
and was awarded the military occupational specialty (MOS) 31F10 (Network
Switching Systems Operator-Maintainer).  She was honorably separated on 16
November 2005.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows 0000
years, 00 months, and 00 days.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows award of the
ARCOM, AAM (2nd Award), Army Good Conduct Medal, National Defense Service
Medal, Army Service Ribbon, and the Global War on Terrorism Service Medal
(GWOTSM).  It does not show award of the GWOTEM.

5.  The applicant's Official Military Personnel File (OMPF) contained an
ARCOM Certificate with Permanent Orders Number 335-7, dated 1 December
2005, 93rd Signal Brigade, Fort Gordon, GA, which shows the applicant was
awarded the ARCOM for meritorious service while assigned to the 63rd Signal
battalion for the period 20 January 2002 through 30 December 2005.  This,
not an AAM, appears to be her "separation award."

6.  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
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation specified that Item 12f of the DD Form 214 would
indicate the total amount of foreign service completed during the period
covered in Block 12c.  Item 18 (Remarks) states that active Soldiers
deployed with his or her unit during their continuous period of active
service, enter "service in (Name of country deployed) and (Inclusive
dates).

7.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

8.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in
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.

9.  Soldiers may receive both the Global War on Terrorism Service Medal and
the Global War on Terrorism Expeditionary Medal if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.

10.  Battalion commanders and commanders of separate units are authorized
to award the Global War on Terrorism Expeditionary Medal to qualified
personnel.  Permanent orders are NOT required.

11.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the Global War on Terrorism Expeditionary Medal to
Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi
Freedom in the following areas of eligibility (AOE):  Afghanistan, Bahrain,
Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea,
Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait,
Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania
(Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35
east degrees east latitude), Turkmenistan, United Arab Emirates,
Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees
north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of
Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the
Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea,
Strait of Hormuz, and Suez Canal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to foreign service credit
for Iraq, the Global War on Terrorism Expeditionary Medal, and the Army
Achievement Medal.

2.  The applicant's deployment orders along with a finance document
obtained by a ARBA staff member from the Defense Finance and Accounting
Service shows that the applicant served in Iraq from 18 February 2003
through 20 February 2004; therefore, she is entitled to correction of her
military records to show this foreign service.

3.  Evidence of record shows that the applicant was deployed abroad in
Operations Enduring Freedom, participating in designated operations for
30 consecutive days during the period of eligibility for award of the
GWOTEM; therefore, she is entitled to this award and correction of her
military records to show this award.

4.  Notwithstanding the applicant's statement that she was awarded and
mailed an AAM in December 2005.  Permanent Orders show the applicant was
awarded an ARCOM which is not shown on her separation document.  Therefore,
she is entitled to correction of her records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__alr___  __lmb___  __qas___  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 showing:

      a.  Item 12 f (Foreign Service) of her DD Form 214 to show 0001 year,

00 months, and 02 days.

      b.  Item 18 (Remarks) of her DD Form 214 to show service in Iraq from
18 February 2003 through 20 February 2004.

      c.  Global War on Terrorism Expeditionary Medal.

      d.  Army Commendation Medal (First Oak Leaf Cluster).

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
the award of the Army Achievement Medal.



                                        Allen L. Raub
                                  ______________________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060000834                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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