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ARMY | BCMR | CY2006 | 20060011969C071029
Original file (20060011969C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2007
      DOCKET NUMBER:  AR20060011969


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 the Army Commendation Medal
(ARCOM), Army Achievement Medal (AAM), Global War on Terrorism
Expeditionary Medal (GWOTEM), and all unit awards to which he is entitled
be added to his separation document (DD Form 214).

2.  The applicant states, in effect, he would like the ARCOM and AAM he was
awarded, along with the GWOTEM and any unit awards to which he is entitled
added to Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of his 4 March 2003 DD Form 214.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army and
entered active duty on 11 April 2001.  He was trained in, awarded, and
served in military occupational specialty (MOS) 62B (Construction Equipment
Repairer), and the highest rank he attained while serving on active duty
was specialist (SPC).

2.  The applicant's Official Military Personnel File (OMPF) contains a
certificate that confirms the applicant was awarded the ARCOM for
meritorious service with B Company, 62nd Engineer Combat Battalion, from 13
September 2001 through 4 March 2004.  The certificate confirms this award
was authorized in 312th Field Artillery Brigade Permanent Orders Number 084-
01.

3.  The applicant's OMPF also contains a certificate that confirms he was
awarded the AAM for meritorious achievement with B Company, 62nd Engineer
Combat Battalion, from 10 February through 11 March 2002.  The certificate
confirms this award was authorized in 2nd Battalion,18th Field Artillery
Permanent Orders Number 122-001.

4.  The applicant's record also contains a Memorandum for Record (MFR) that
was prepared and signed by the unit commander of B Company, 62nd Engineer
Combat Battalion on 24 November 2003.  This document confirms the applicant
was deployed with the unit to Kuwait and Iraq from 15 January through 7
July 2003.



5.  The 24 November 2003 MFR also confirms that B Company, 62nd Engineer
Combat Battalion was assigned in Kuwait from 15 January through 4 April
2003, and in Iraq from 5 April through 7 July 2003.  The unit commander
confirms the unit was under the operational control of the 416th Engineer
Command, Army Central Command (ARCENT)-Kuwait from 15 January through 30
June 2003 and to 111th Engineer Group, ARCENT-Kuwait from 1 through 7 July
2003.

6.  On 4 March 2004, the applicant was honorably discharged after
completing a total of 2 years, 10 months, and 24 days of active military
service.  The DD Form 214 he was issued at the time shows he was separated
under the provisions of Army Regulation 635-40, by reason of Disability-
Severance Pay.  Item 12f (Foreign Service) contains an entry indicating he
completed 5 months and 24 days of overseas service.  Item 13 shows that he
earned the following awards:  National Defense Service Medal; Army Service
Ribbon, and Driver and Mechanic Badge with Mechanic Bar.

7.  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 also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains preparation instructions for the DD Form 214.  The
instructions for Item 13 state that all awards earned during military
service will be entered.  The instructions for Item 18 state, in pertinent
part, that the following entry will be added to Item 18 for active duty
Soldiers who are deployed with their unit during the period covered by the
DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates
for example, YYYYMMDD - YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).
 It states, in pertinent part, that it is authorized for 30 consecutive
days or 60 non-consecutive days of service in Iraq in support of Operation
Iraqi Freedom from
19 March 2003 to a future date to be determined by the Secretary of Defense
or the cessation of operations.  Service members qualified for the GWOTEM
by reasons of service between 19 March 2003 and 28 February 2005, in an
area for which the ICM was subsequently authorized, will remain qualified
for that medal. No member will be entitled to both medals for the same act,
achievement or period of service.

9.  Paragraph 2-18 of the awards regulation contains guidance on the
GWOTEM. It states, in pertinent part, that in order to qualify for the
award, a member must be assigned, attached or mobilized to a unit
participating in designated operations for 30 consecutive days or 60
nonconsecutive days in the Areas of
Eligibility (AOEs).  Initial award of the GWOTEM was limited to members
deployed abroad in Operations Enduring Freedom and Iraqi Freedom to the
following designated specific geographic AOEs.  Kuwait and Iraq were
designated AOEs for this award.

10.  Paragraph 2-19 of the awards regulation contains guidance on award of
the Global War on Terrorism Service Medal (GWOTSM).  It states, that it is
authorized to members who served on active duty outside of a designated AOE
for the GWOTEM for a period of 30 consecutive or 60 non-consecutive days
after 11 September 2001.

11.  A review of the unit awards listing maintained by the Military Awards
Branch, Human Resources Command, failed to show the applicant's unit
received a unit award during his tenure of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the ARCOM, AAM, and GWOTEM should be
added to Item 13 of his DD Form 214 was carefully considered and found to
have merit.  The applicant's record contains certificates confirming he was
awarded the ARCOM and AAM by proper authority and that these awards were
properly announced in Permanent Orders.  His record also confirms he served
in Kuwait, an authorized GWOTEM AOE for more than 30 consecutive days, from

15 January through 4 April 2003.  Therefore, it would be appropriate to add
these three awards to his separation document at this time.

2.  The applicant's record also shows he served in Iraq in support of
Operation Iraqi Freedom for more than 30 consecutive days, from 5 April
through 7 July 2003, which entitles him to the ICM.  It also shows that he
served on active duty in an area other than an authorized GWOTEM for 30
consecutive days after
11 September 2001, which entitles him to the GWOTSM.  Therefore, it would
also be appropriate to add these awards to his DD Form 214 at this time.

3.  Based on his deployment to Kuwait and Iraq from 15 January 2003 through

7 July 2003, Item 18 of the applicant's DD Form 214 should have included
the following entries "SERVICE IN KUWAIT FROM 20030115-20030404" and
"SERVICE IN IRAQ FROM 20030405-20030707."  Therefore, it would be
appropriate to add them at this time.

4.  There is no evidence indicating the applicant's unit received a unit
award during his tenure of assignment.  Therefore, there is insufficient
evidence to support adding unit awards to his record and separation
document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WFC_  __EEM__  __RMN _  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 his 4 March 2004 DD Form 214 by adding
the Army Commendation Medal, Army Achievement Medal, Global War On
Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and
Iraq Campaign Medal to the list of awards in Item 13, and by adding the
entries "SERVICE IN KUWAIT FROM 20030115-20030404" and "SERVICE IN IRAQ
FROM 20030405-20030707" to Item 18; and by providing him a correction to
his separation document that includes these changes.

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
adding unit awards to his record and separation document.




                                  _____William F. Crain________
                                  CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060011969                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/03/04                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability-Severance Pay                |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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