RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060002599


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 DD Form 214
(Certificate of Release or Discharge from Active Duty) to show his dates of
service in Kuwait and Iraq.  He also requests that all awards and
decorations to which he may be entitled for his service in Kuwait and Iraq
be shown on his DD Form 214.

2.  The applicant states, in effect, that his unit was deployed to Kuwait
in 2003 in support of Operation Enduring Freedom and then he served in Iraq
in support of Operation Iraqi Freedom.  He believes the error was an
oversight that occurred due to the high volume of Soldiers exiting the Army
at that time.

3.  The applicant provides deployment orders and two personnel manifests.

CONSIDERATION OF EVIDENCE:

1.  The applicant apparently served in Operation Iraqi Freedom.

2.  The applicant enlisted in the Regular Army on 1 October 1999 for a
period of 4 years.  He trained as a chemical operations specialist.

3.  Orders, dated 13 January 2003, show the applicant’s unit was to deploy
to Kuwait in support of Operation Enduring Freedom on or about 4 February
2003.  Records at the Defense Finance and Accounting Service (DFAS) show
the applicant arrived in Kuwait on 13 February 2003 and departed the zone
on
5 June 2003 (a total of 3 months and 24 days).  DFAS records also show he
received hostile fire/imminent danger pay from 1 February 2003 through 30
June 2003.  His inclusive dates of service in Kuwait and Iraq are not
available.

4.  On 20 December 2003, the applicant was released from active duty.

5.  Item 12f on the applicant's DD Form 214 shows the entry, "0000 00 00.
Item 18 on his DD Form 214 does not show any deployments.  His DD Form 214
shows the Army Lapel Button, the Army Commendation Medal (2nd Award), the
Army Good Conduct Medal, the National Defense Service Medal, the Army
Service Ribbon, and the Driver and Mechanic Badge with Driver-W Bar as
authorized awards.

6.  On 29 August 2006, the applicant was notified by separate
correspondence that he was eligible for the Global War on Terrorism
Expeditionary Medal (GWOTEM) and the Iraq Campaign Medal for qualifying
service in Iraq.  He was instructed to provide his inclusive dates of
service in Kuwait and Iraq.  He was also informed that if he did not
respond his records would only be corrected to show the GWOTEM.  The
applicant did not respond within the given timeframe.
7.  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 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.  The Human Resources Command Message (Date Time Group 17 March 2004)
limited initial award of the GWOTEM 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.

9.  The 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 GWOTEM 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.
10.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  The regulation states, in
pertinent part, that the total amount of foreign service completed during
the period covered by the DD Form 214 will be entered in item 12f.  The
regulation also states, in pertinent part, that the country and dates of
deployment for an active duty Soldier deployed with his or her unit during
their continuous period of active service will be shown in item 18 on the
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service in Kuwait for award
of the GWOTEM.

2.  The applicant served a period of qualifying service for award of the
GWOTSM.

3.  Although the applicant contends that he served in Kuwait and Iraq,
evidence of record shows he arrived in Kuwait on 13 February 2003 and
departed the zone on 5 June 2003, a total of 3 months and 24 days.  Since
his inclusive dates of service in Kuwait and Iraq are not available, and
since the applicant failed to provide evidence to show when he served in
Iraq, his records will be corrected to show he served in Kuwait from 13
February 2003 through 5 June 2003.  Therefore, items12f and 18 on his DD
Form 214 should be corrected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JI______  __GP____  __KJ____  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:
      a.  by deleting the entry in item 12f on his DD Form 214;

      b.  by adding the entry, “0000 03 18” in item 12f on his DD Form 214;


      c.  adding the entry, "SERVICE IN KUWAIT FROM 20030213 TO 20030605”
in item 18 on his DD Form 214; and

      d.  amending his DD Form 214 to add the GWOTEM and the GWOTSM.

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
service in Iraq.




                                  ___John Infante_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002599                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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