RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060007676 


	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.




Director


Analyst


The following members, a quorum, were present:



Chairperson



Member


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, Item 12f (Foreign Service) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 October 2003 be corrected to show his deployments to Bosnia.  The applicant further requests award of either the Army Commendation Medal or the Army Achievement Medal, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.

2.   In a telephone conversation with the staff of the Army Board for Corrections for Military Records (ABCMR) on 30 January 2007, the applicant amended his application to include a request for correction of Item 12a (Date entered AD This Period) on his DD Form 214 to read 30 November 2002 instead of 22 March 1996.

3.  The applicant states, in effect, he does not feel his foreign service was reflected correctly on his DD Form 214.  The applicant further states that because he received a hardship discharge, his unit did not recommend him for an end of service award.  The applicant states that he feels he is entitled to either an Army Commendation Medal or an Army Achievement Medal.  The applicant further states he should have received the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal based on his mobilization and orders.

4.  The applicant provides a copy of his DD Form 214 and excerpts from his military personnel records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records do not contain General Orders or other evidence that he was awarded either the Army Commendation Medal or the Army Achievement Medal.  In the absence of evidence supporting an award of either the Army Commendation Medal or the Army Achievement Medal, the applicant has an administrative remedy available to obtain these awards under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of either the Army Commendation Medal or the Army Achievement Medal under this provision of law.  As a result, award of either the Army Commendation Medal or the Army Achievement Medal requested by the applicant is not discussed further in these Proceedings.


2.  The applicant’s military records show he initially enlisted in the U.S. Army Reserve (USAR) on 23 April 1994.  The applicant’s records contain no evidence of any active service from 23 April 1994 to 21 March 1996.  There is no evidence of the applicant receiving a discharge from the USAR. 

3.  On 22 March 1996, the applicant enlisted in the Army National Guard for a period of eight years.  On 30 July 1996, the applicant entered active duty and was released from active duty on 26 November 1997.  He had completed 1 year, 3 months, and 27 days of active service that was characterized as honorable.  The applicant was issued a DD Form 214 for this period of service.

4.  On 11 August 2000, the applicant entered active duty and was released from active duty on 27 March 2001.  He had completed 7 months and 17 days of active service that was characterized as honorable.  The applicant was issued a 
DD Form 214 for this period of service which contains the following entries:

	a.  Item 12f - 00 06 13 (0 years, 6 months, and 13 days); 

	b.  Item 18 (Remarks) shows the applicant had service in Bosnia and in Germany.

5.  On 21 November 2002, the applicant was ordered to active duty, effective 
30 November 2002, in support of Operation Noble Eagle for a period not to exceed 365 days.

6.  On 4 September 2003, the applicant’s orders were modified to show his period of active duty was not to exceed 583 days and changed the purpose to support of Enduring Freedom effective 15 October 2003.

7.  On 25 October 2003, the applicant was discharged due to hardship.  He had completed 10 months and 26 days of active service that was characterized as honorable.  The applicant was issued a DD Form 214 for this period of service which contains the following entries:  

	a.  Item 12a - 1995 03 22 (1995 March 22);

	b.  Item 12c (Net Active Service This Period) - 0007 07 04 (7 years, 7 months, and 4 days);

	c.  Item 12d (Total Prior Active Service) - 0000 00 00 (0 years, 0 months, and 0 days); and

	d.  Item 12e (Total Prior Inactive Service) - 0000 00 00.
8.  In a telephone conversation with the staff of the ABCMR on 30 January 2007, the applicant stated that he did not deploy outside the U.S. during his period of active duty from 30 November 2002 to 25 October 2003.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to:

	a.  each member of the Reserve components, and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more; and

	b.  each member of the Army National Guard called into active Federal service for a period of 90 days or more, or for an indefinite period.

10.  Army Regulation 635-5, in pertinent part, directs that foreign service, taken from the ERB/ORB (enlisted record book/officer record book) performed during the period covered in Item 12c (Net Active Service This Period) of the 
DD Form 214 will be entered in item 12f.  

11.  Initial award of the Global War on Terrorism Expeditionary Medal is limited to soldiers deployed abroad in operations Enduring Freedom and Iraqi Freedom in the following Department of Defense designated specific geographic areas of eligibility: Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 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.  To be eligible for the Global War on Terrorism Expeditionary Medal a soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.

12.  Award of the Global War on Terrorism Service Medal is authorized to soldiers who have participated in, or served in support of, Global War on Terrorism operations outside of the designated area of operations. Initial award of the Global War on Terrorism Service Medal will be limited to airport security operations (from 27 September 2001 through 31 May 2002) and soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.  HRC Awards Branch personnel have advised that the Global War on Terrorism Service Medal has been awarded, and will continue to be awarded, to all Army personnel who serve on active duty for 30 consecutive days, or more, regardless of where they serve.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant’s last period of active duty commenced on 30 November 2002.  Therefore, the entry in Item 12a of the applicant’s DD Form 214 with a separation date of 25 October 2003 should read 2002 11 30 (2002 November 30) instead of 1995 03 22.

2.  In view of the preceding correction it is appropriate to recompute Items 12c, 12d, and 12e and make the following additional changes to the applicant’s 
DD Form 214 with a separation date of 25 October 2003:

	a.  Item 12c should read 0000 10 26 (0 years, 10 months, and 26 days);

	b.  Item 12d should read 0001 11 14 (1 year, 11 months, and 14 days); and

	c.  Item 12e should read 0007 06 03 (7 years, 6 months, and 3 days).

3.  The applicant’s foreign service is correctly entered in Item 12f of his 
DD Form 214 for the period of service from 11 August 2000 to 27 March 2001.  The applicant was not deployed outside the U.S. during his period of active duty from 30 November 2002 to 25 October 2003.  Therefore, the entry in Item 12f of the applicant’s DD Form 214 with a separation date of 25 October 2003 is correct.

4.  The applicant did not participate in, or serve in support of, Global War on Terrorism operations in the designated area of operations.  Therefore, he is not entitled to the Global War on Terrorism Expeditionary Medal.  However, the applicant is entitled to the Global War on Terrorism Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___mjnt__  ____jgh__  ____dll__  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 amending the following entries on the applicant’s DD Form 214 with a separation date of 25 October 2003:

	a.  amend Item 12a to read 2002 11 30 instead of 1995 03 22;

	b.  amend Item 12c to read 0000 10 26 instead of 0007 07 04;

	c.  amend Item 12d to read 0001 11 14 instead of 0000 00 00; and

	d.  amend Item 12e to read 0007 06 03 instead of 0000 00 00.

2.  The Board further recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Global War on Terrorism Service Medal.

3.  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 correction of foreign service and the Global War on Terrorism Expeditionary Medal.  




________Marla J. N. Troup_________
          CHAIRPERSON




INDEX

CASE ID
AR20060007676
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.