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ARMY | BCMR | CY2007 | 20070007581C080407
Original file (20070007581C080407.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 November 2007
      DOCKET NUMBER:  AR20070007581


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, award of the Western Asian Service
Medal and that his separation document (DD Form 214) be corrected to
document his service in Iraq.

2.  The applicant states, in effect, he served in Iraq from on or about 20
April 2003 until one year later; however, this service is not reflected on
his
DD Form 214.

3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 9 November 2000.  He was trained in and awarded
military occupational specialty (MOS) 63W (Wheel Vehicle Repairer).

2.  The applicant's Official Military Personnel File (OMPF) is void of any
documents verifying that he served in Iraq, or that he was deployed to any
area of expedition (AOE) while serving on active duty.  The OMPF does show
he departed absent without leave (AWOL) on 8 March 2002, was dropped from
the rolls (DFR) on 9 April 2002, and returned to military control on 7
January 2003.

3.  The applicant's OMPF is void of a complete separation packet containing
the specific facts and circumstances surrounding the applicant's separation
processing. The record does contain a DD Form 214 that shows on 27 July
2004, he was separated under the provisions of chapter 14, Army Regulation
635-200, by reason of misconduct, and he received a general discharge,
under honorable conditions.

4.  The applicant's DD Form 214 documents no overseas service in
Item 12f (Foreign Service).  Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) shows that during his
active duty tenure, he earned the Global War on Terrorism Service Medal,
National Defense Service Medal, and Army Service Ribbon.  Item 18 (Remarks)
contains no entry pertaining to the completion of deployed service, and the
applicant authenticated the separation document with his signature in Item
27 (Signature of Member Being Separated) on the date of his separation.

5.  Army Regulation 600-8-22 contains the Army's awards policy.  The awards
regulation does not identify the Western Asian Service Medal as an
authorized Army award.  It does authorize the Southwest Asia Service Medal
to members of the Armed Forces of the United States serving in Southwest
Asia and contiguous waters or airspace there over, on or after 2 August
1990 to 30 November 1995. It also authorizes the Iraq Campaign Medal for
service in Iraq from 19 March 2003 to a future date to be determined by the
Secretary of Defense or the cessation of Operation Iraqi Freedom and the
Global War on Terrorism Expeditionary Medal (GWOREM) for members deployed
abroad for service in the Global War on Terrorism Operations on or after 11
September, 2001 to a date to be determined. Operations approved the GWOTEM
included Operations Enduring and Iraqi Freedom, and was authorized for
service in Iraq.  However, personnel were not authorized to receive both
the Iraq Campaign Medal and GWOTEM for the same action, time period or
service.

6.  Army Regulation 630-5 (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
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item preparation instructions for the DD
Form 214.  The instructions for Item 18 (Remarks) state, in pertinent part,
that for an active duty Soldier deployed with his or her unit during their
continuous period of active service an entry will be made in Item 18.  The
instructions for Item 21 indicated that a signature in this item indicates
the Soldier has reviewed the form and accepted the information as being
correct to the best of their knowledge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in Iraq was not properly
documented on his DD Form 214 and that he should have been awarded the
Western Asian Service Medal was carefully considered.  However, there is
insufficient evidence to support these claims.

2.  The applicant's OMPF is void of any documents or orders that indicate
or verify that he was ever deployed to Iraq while serving on active duty.
Item 12f of his DD Form 214 shows he completed no overseas service and
there is no entry in Item 18 indicating he was deployed to Iraq during the
period covered by the separation document.  The applicant authenticated the
DD Form 214 with his signature on the date of his separation.  In effect,
his signature was his verification that the information contained on the DD
Form 214 was correct at the time it was prepared and issued.

3.  Absent any evidence of record, or independent evidence submitted by the
applicant that verifies his service in Iraq, there is an insufficient
evidentiary basis to support granting this portion of the requested relief.


4.  The applicant's claim of entitlement to the Western Asian Service Medal
was also carefully considered.  However, this award is not an authorized
award, and given the applicant's service in Iraq cannot be verified, he is
also not eligible for either the GWOTEM or Iraq Campaign Medal.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KLW _  __LMD  _  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007581                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/11/06                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |2004/07/27                              |
|DISCHARGE AUTHORITY     |AR 635-200 C14                          |
|DISCHARGE REASON        |Misconduct                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  Adm  |1021                                    |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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