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ARMY | BCMR | CY2006 | AR20060014860C071029
Original file (AR20060014860C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 May 2007
      DOCKET NUMBER:  AR20060014860


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Gerald Purcell                |     |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 Certificate of Release or Discharge
from Active Duty (DD Form 214) be corrected to reflect the campaign badges
that he was awarded for his service in Kosovo.

2.  The applicant states that he was deployed to Southwest Asia in support
of Operation Enduring Freedom from April 2003 to September 2003, and that
he deployed to Kosovo in 2000 with the 2/37th Armor Division.  He states
that his DD Form 214 does not reflect a campaign badge or expeditionary
medal for his overseas service.  He states that he received a campaign
badge in Kosovo; however, he did not receive any paperwork.  The applicant
states, in effect, that he was deployed to Southwest Asia during the proper
time to receive campaign medals; however, did not due to the negligence of
the personnel staff and an oversight.  He further states that on behalf of
Operation Enduring Freedom, he returned stateside after the stop loss and
his unit remained in Southwest Asia.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted into the United States Army Reserve (USAR) under
the Delayed Entry Program on 30 July 1998.  On 22 June 1999, he enlisted in
the Regular Army (RA) at Fort Sill, Oklahoma, for 4 years, in the pay grade
of E-1.  He successfully completed his training as a signal support systems
specialist.

2.  The available records indicate that in March 2000, the applicant
underwent a permanent change of station to Germany.  However, the available
records fail to show that the applicant ever served in Kosovo.  He returned
to the Continental United States (CONUS) on 10 February 2002.

3.  On 28 April 2003, the applicant was deployed to Southwest Asia in
support of Operation Enduring Freedom.

4.  He returned to the Continental United States on 3 September 2003 and
was assigned to Fort Polk, Louisiana.




5.  On 3 September 2003, orders were published releasing the applicant from
active duty (REFRAD) with an effective date of 30 November 2003.
Accordingly, on 30 November 2003, the applicant was REFRAD upon completion
of his required active service and he was transferred to the USAR Control
Group (Reinforcement) to complete his remaining service obligation.

6.  The DD Form 214 that he was furnished at the time of his REFRAD shows
that he was awarded the Army Commendation Medal, the Army Achievement Medal
(2nd Award), and the Army Good Conduct Medal.  His DD Form 214 does not
show any award of service medals.

7.  Headquarters, U.S. Army Human Resources Command (HRC) message, dated
17 March 2004, announced implementing instructions for the Global War on
Terrorism Expeditionary Medal and the Global War on Terrorism Service
Medal.  The message states, in pertinent part, that these medals will be
awarded to recognize members of the armed forces of the United States
serving in or in support of Global War on Terrorism operations, on or after
11 September 2001, to a date to be determined.

8.  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.

9.  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 as
outlined in the paragraph above.  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.  As with the
Global War on Terrorism Expeditionary Medal, a Soldier must have served

30 consecutive or 60 nonconsecutive days.  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 (the same criteria as the National Defense Service Medal).

10.  Soldiers may receive both the Global War on Terrorism Expeditionary
Medal and the Global War on Terrorism Service Medal if they meet the
requirements of both awards.  However, the same period of service
establishing eligibility for one cannot be used to justify service
eligibility for the other.  Soldiers, by virtue of completion of their
honorable active duty service, are also eligible for award of the National
Defense Service Medal or an oak leaf cluster thereto.

11.  Army Regulation 600-8-22 (Military Awards) as amended provides that
the National Defense Service Medal is awarded for honorable active service
for any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  It appears that errors were made during the preparation of the
applicant's DD Form 214, which resulted in the omission of decorations to
which he is entitled.

2.  The applicant deployed with his unit to Southwest Asia in support of
Operation Enduring Freedom and met the criteria for award of the Global War
on Terrorism Service Medal and the Global War on Terrorism Expeditionary
Medal.  He is therefore entitled to have these decorations added to his DD
Form 214.

3.  In accordance with the applicable regulation, the applicant is entitled
to the National Defense Service Medal and this decoration should also be
included on his DD Form 214.

4.  The applicant's records do show that he underwent a permanent change of
station to Germany in March 2000.  However, the available records fail to
show that he ever served in Kosovo.  Therefore, he is not entitled to any
campaign badges for service in Kosovo.

5.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__YM ___  ___LD __  __GP   __  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 DD Form 214 to show his entitlement
to the Global War on Terrorism Service Medal, the Global War on Terrorism
Expeditionary Medal, and the National Defense Service Medal.

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
amending his DD Form 214 to show campaign badges for service in Kosovo.




                                  ____Yolanda Maldonado_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014860                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070515                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  115                 |107.0069/NDSM                           |
|3.  1054                |107.0137/GWOTEM                         |
|4.  1055                |107.0138/GWOTSM                         |
|5.                      |                                        |
|6.                      |                                        |


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