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ARMY | BCMR | CY2006 | 20060012759C071029
Original file (20060012759C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 April 2007
      DOCKET NUMBER:  AR20060012759


      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. John Infante                  |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Qawiy 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 the Global War on Terrorism
Expeditionary Medal (GWOTEM) and Army Commendation Medal (ARCOM) be added
to the list of awards contained in Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) of his 22 August 2003
separation document (DD Form 214).

2.  The applicant states, in effect, that he is entitled to the GWOTEM
based on his combat service in Afghanistan and that the ARCOM he was
awarded was not included in the list of awards contained in Item 13 of his
DD Form 214.

3.  The applicant provides a DD Form 214, Recommendation for Award
(DA Form 638) and Statement of Wartime Service in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that enlisted in the Regular Army and
entered active duty on 23 August 2000.  He was trained in, awarded, and
served in military occupational specialty (MOS) 14S (Avenger Crewmember),
and the highest rank he attained while serving on active duty was
specialist (SPC).

2.  The applicant's Official Military Personnel File (OMPF) contains ARCOM
Certificates that confirm the applicant was awarded the ARCOM, in
Headquarters, 3rd Brigade, 82nd Airborne Division Permanent Orders Number
321-11, for meritorious service while deployed to Afghanistan in support of
Operation Enduring Freedom during the period 29 August through 1 December
2002; and that he was awarded the ARCOM, in Headquarters, 82nd Airborne
Division Permanent Orders 217-2, for meritorious service while assigned to
the 82nd Airborne Division during the period 15 March 2001 through 15
August 2003.

3.  A Statement of Wartime Service Memorandum, dated 6 March 2003, signed
by the applicant's battalion adjutant, confirms the applicant was deployed
to Kandahar, Afghanistan, from 31 August 2002 through 25 January 2003, as a
member of Task Force Panther, Headquarters and Headquarters Company (HHC),
3rd Brigade, 82nd Airborne Division.  This statement served as verification
of the applicant's deployment dates and was to be used to update the
applicant's personnel records.

4.  The applicant's OMPF is void of any derogatory information or a unit
commander disqualification that would have precluded the applicant from
receiving the Army Good Conduct Medal (AGCM).
5.  On 22 August 2003, the applicant was honorably separated at the
expiration of his term of service.  The DD Form 214 he was issued shows he
completed a total of 3 years of active military service and held the rank
of SPC on the date of his separation.  Item 13 shows that he earned the
following awards during his active duty tenure:  ARCOM; National Defense
Service Medal (NDSM); Army Service Ribbon; Expert Marksmanship
Qualification Badge with Rifle Bar; and Parachutist Badge.  Item 18
(Remarks) contains an entry confirming the applicant served in Afghanistan
from 31 August 2002 through 25 January 2003.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-18 contains guidance on the GWOTEM.  It states that
this award is authorized to members who deployed abroad for service in the
Global War on Terrorism (GWOT) Operations on or after 11 September, 2001 to
a date to be determined.  Service in support of Operation Enduring Freedom
in Afghanistan is included in the list of authorized Areas of Eligibility
(AOE).

7.  Paragraph 2-19 of the awards regulation contains guidance on award of
the Global War on Terrorism Service Medal (GWOTSM).  It states, in
pertinent part, that it is authorized to members who have participated in
the GWOT operations outside of the designated AOEs for the GWOTEM on or
after 11 September 2001 to a future 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 the GWOTSM.

8.  Paragraph 3-17 of the awards regulation contains guidance on the ARCOM.
 The awards regulation stipulates that an Oak Leaf Cluster will be issued
to denote a second or succeeding award of the ARCOM.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant received two awards of
the ARCOM for meritorious service, and based on his 3 years of active duty
service, which included 4 months and 25 days of service in the authorized
AOE of Afghanistan, he is entitled to both the GWOTSM and GWOTEM.
Therefore, it would be appropriate to add these awards to Item 13 of his
separation document.

2.  The applicant’s OMPF is void of any derogatory information or a formal
unit commander disqualification that would have precluded the applicant
from receiving the AGCM.  As a result, lacking evidence to the contrary, it
is concluded that the applicant completed a period of qualifying honorable
active duty service that entitles him to receive the AGCM from 23 August
2000 through 22 August 2003.  Therefore, it would be appropriate to award
him the AGCM and to add it to his record and separation document at this
time.

BOARD VOTE:

__JI ____  __SAP __  __QAS__  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 Army Good Conduct Medal, for his qualifying honorable
active duty service from 23 August 2000 through 22 August 2003; by showing
his entitlement to the Army Commendation Medal 1st Oak Leaf Cluster (2),
Global War on Terrorism Service Medal, and Global War on Terrorism
Expeditionary Medal; and by providing him a correction to his separation
document that includes these awards.




                                  _____John Infante_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012759                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/08/22                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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