RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 November 2006
DOCKET NUMBER: AR20060005792
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:
| |Mr. Thomas Pagan | |Chairperson |
| |Mr. Peter Fisher | |Member |
| |Ms. LaVerne Douglas | |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 his report of separation (DD Form 214) be
corrected to reflect his overseas service in Korea and Southwest Asia, his
award of the Army Commendation Medal (ARCOM) and that he be awarded the
Korea Defense Service Medal (KDSM) and the Global War on Terrorism
Expeditionary Medal (GWOTEM) for his deployment in support of Operations
Enduring Freedom and Iraqi Freedom.
2. The applicant states, in effect, that his DD Form 214 does not reflect
his overseas service in Korea and Qatar and it does not reflect his award
of the ARCOM. He also states that he should be awarded the KDSM and the
GWOTEM.
3. The applicant provides a copy of his ARCOM Certificate, orders placing
him in Qatar during Operation Iraqi Freedom along with a deployment
certification signed by his commander and orders transferring him to Korea.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in Cleveland, Ohio on 26 January 1999 for a
period of 5 years and training as a military policeman. He completed his
training at Fort McClellan, Alabama and was transferred to Korea on 8 July
1999.
2. He completed his 1-year tour in Korea and was transferred to Fort Hood,
Texas on 14 July 2000, in the pay grade of E-4.
3. On 30 October 2002, the applicant’s commander signed a Memorandum for
Record indicating that the applicant would be deploying on or about 7
November 2002.
4. On 5 November 2002, orders were published deploying the applicant and
his unit in support of Operation Enduring Freedom to Qatar.
5. A review of the available records fails to show when the applicant
returned to Fort Hood; however, information received from the Defense
Finance and Accounting Service (DFAS) shows that the applicant received
Hostile Fire/Imminent Danger Pay during the period of November 2002 through
July 2003. The exact dates cannot be determined because pay of this nature
is paid for the entire month if any portion of the month is served in a
hostile fire zone. His records also show that he was awarded the ARCOM on
25 November 2003.
6. On 25 January 2004, the applicant was honorably released from active
duty (REFRAD) due to completion of required service. He had served 5 years
of total active service and his DD Form 214 shows no evidence of any
foreign service or awards related to his foreign service. Additionally,
his award of the ARCOM was not entered on that form.
7. Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal. This message specified criteria for the award of the Korea Defense
Service Medal as follows: a) service members of the armed forces must have
served in support of the defense of the Republic of 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 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
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.
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.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. While the exact dates of his foreign service cannot be determined from
the available records, his records do indicate that he served 1 year in
Korea and 9 months in Southwest Asia (SWA), in support of Operation
Enduring Freedom and Iraqi Freedom. Accordingly, his DD Form 214 should be
corrected to reflect in item 12f., that he performed 1 year and 9 months of
foreign service. Additionally, his DD Form 214 should reflect his service
in SWA during the period of November 2002 through July 2003 in item 18
(Remarks).
2. The applicant is also entitled to awards of the KDSM, the GWOTSM and
the GWOTEM for his service.
3. Additionally, he is also entitled to have his award of the ARCOM added
to his DD Form 214 at this time.
BOARD VOTE:
___TP__ ____PF__ ___LD __ 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
awarding him the KDSM, the GWOTSM, the GWOTEM, by showing he served 1 year
and 9 months of foreign service, by showing that he served in SWA from
November 2002 through July 2003 and by showing that he was awarded the
ARCOM.
_____Thomas Pagan______
CHAIRPERSON
INDEX
|CASE ID |AR20060005792 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061121 |
|TYPE OF DISCHARGE |(HD) |
|DATE OF DISCHARGE |20040125 |
|DISCHARGE AUTHORITY |AR 635-200, CH 4 |
|DISCHARGE REASON |REFRAD |
|BOARD DECISION |(GRANT PLUS) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES |46/dec.awds |
|1.107.0000 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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