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ARMY | BCMR | CY2007 | 20070009256
Original file (20070009256.TXT) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070009256 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey C. Redmann

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 consolidation of her DD Forms 214 (Certificate of Discharge or Release from Active Duty) into a single document and award of the Korea Defense Service Medal, the Global War on Terrorism Service Medal, and the Armed Forces Reserve Medal with “M” Device. 

2.  The applicant states that her DD Form 214 was prepared hastily due to her hardship separation.  She further adds that both the Korea Defense Service Medal and the Global War on Terrorism Service Medal were created after termination of her service, but apply to her retroactively and that the award of the Armed Forces Reserve Medal with “M” Device does not specify duration of service for Soldiers ordered to active duty. 

3.  The applicant provided copies of her DD Forms 214 in support of her application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she enlisted in the Regular Army on 5 November 1996.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist). 

2.  The applicant’s records further show that she was honorably discharged on 15 November 1997.  The DD Form 214 she was issued at the time of her discharge confirms that she was discharged in Korea (Taegu Transition Center), in accordance with paragraph 5-3 of Army Regulation 635-200 (Personnel Separation).  The facts and circumstances associated with the applicant's discharge are not available for review in this case.

3.  The applicant’s DD Form 214 dated 15 November 1997 confirms that she completed 1 year and 11 days of creditable service and that she was awarded the National Defense Service Medal, the Army Service Ribbon, and the Good Conduct Medal.  

4.  The applicant's records show that she was enlisted in the U.S. Army Reserve (USAR) on 21 June 2000 for a period of seven years.

5.  On 13 January 2002, she was ordered to active duty in support of Operation Enduring Freedom.  She served in Turkey during the period 28 January 2002 through 29 January 2002, Uzbekistan during the period 29 January 2002 through 31 January 2002, Afghanistan during the period 31 January 2002 through 15 February 2002, and Germany during the period 15 February 2002 through 17 February 2002. 

6.  She was honorably released from active duty on 13 March 2002.  The DD Form 214 she was issued at the time of her release from active duty confirms she was discharged for hardship, in accordance with paragraph 6-3b of Army Regulation 635-200.  The facts and circumstances associated with this discharge are not available for review with this case.

7.  The applicant’s DD Form 214 dated 13 March 2002 confirms that she completed 2 months and 1 day of creditable service and that she was awarded the Army Service Ribbon and the Expert Marksmanship Qualification Badge with Pistol Bar. 

8.  The applicant's record contains Permanent Order 317-2, dated 13 November 1997, issued by C Detachment, 516th Personnel Services Battalion (Korea), awarding her the Good Conduct Medal for the period of service from 5 November 1996 to 15 November 1997.

9.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

10.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles,

	(2)  all air spaces above the land and water area.
The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:
	(1)   be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

	(2)   wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

	(3)   participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 
Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

11.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 
Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command. 

Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

	(1)  Initial award of the GWOTSM is 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, or

	(2)   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. 
12.  Army Regulation 600-8-22, as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal (AFRM). It is awarded for honorable and satisfactory service as a member of one 
or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service.  The Ten-year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each succeeding 10-year period of Reserve Component service.  The first 10 years is denoted by a bronze hourglass, the second 10-year period of Reserve Component service is denoted by a silver hourglass and the third by a gold hourglass.  Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze hourglass on the AFRM.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Forms 214 should be combined into a single document and that she should be awarded the Korea Defense Service Medal, the Global War on Terrorism Service Medal, and the Armed Forces Reserve Medal with “M” Device. 

2.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It is understandable that combining the applicant's separation documents into a single document covering her entire period of service would provide an easier to work with document.  However, there are no provisions authorizing such a consolidation.  Furthermore, it is important to be able to distinguish each period of service for the purpose of determining various benefits or entitlements resulting from such service.  Therefore, the applicant is not entitled to relief on this issue.

3.  Evidence of record shows that the applicant served a qualifying period in Korea and is therefore entitled to award of the Korea Defense Service Medal and correction of her records to show this award. 

4.  Evidence of record shows that the applicant served 30 consecutive days on active duty on or after 11 September 2001, a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, she is entitled to correction of her records to show this award. 

5.  Evidence of record shows that the applicant did not serve an honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  Therefore, she is not entitled to award of the Armed Forces Reserve Medal with “M” Device.

 BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___jea__  __le____  __jcr___  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 to show award of the Korea Defense Service Medal and the Global War on Terrorism 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 consolidate her DD Forms 214 or to award her the Armed Forces Reserve Medal with “M” Device.



							James E. Anderholm
______________________
          CHAIRPERSON
INDEX

CASE ID
AR20070009256
SUFFIX

RECON

DATE BOARDED
20071101
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.


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