IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080005858 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, that his record reflect the Global War on Terrorism Expeditionary Medal (GWOTEM) he is entitled to for his service in support of the Global War on Terrorism.

2.  The applicant states, in effect, that he earned the GWOTEM for service while attached and deployed to Kuwait (Camp Arifjan and Camp Doha) with the Counter-intelligence Technical Element (CITE), HHC, 202 NDMI BN, 513th MI BDE from November 2002 thru April 2003 in support of Operation Enduring Freedom and Operation Iraqi Freedom.

3.  The applicant provides a copy of his Order Number 326-513 (Deployment in support of Operation Enduring Freedom), a copy of Orders 308-28, a copy of his NCOER covering most of the time that he was deployed except for the month of April 2003 and copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows that he enlisted in the U.S. Army on 13 August 1997.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 97B (Counter-Intelligence Agent).  The highest grade he attained was pay grade E-5.

2.  Order Number 326-513 dated 22 November 2002, shows the applicant was deployed in support of Operation Iraqi Freedom on 1 December 2002.    

3.  The applicant also submitted as evidence a copy of his NCO Evaluation Report (NCOER) dated 27 March 2003, which covered the period from October 2002 thru March 2003.  The NCOER shows he served as an NCO in charge of a forward deployed CITE and he was responsible for over 50 specialized computer applications and 16 computer systems.  He also performed digital media and computer forensic analysis investigations and he conducted special operation intelligence exploitation tasks supporting requirements in support of Operation Enduring Freedom.  (The NCOER provided by the applicant was also located in his electronic record).     

4.  On 12 August 2003, the applicant was honorably separated for (Completion of Required Active Service).  The DD Form 214 he was issued shows he completed a total of 6 years of active military service and held the rank of sergeant pay grade  E-5, on the date of his separation.  Item 13 shows that he earned the following awards during his active duty tenure:  The Meritorious Service Medal, the Army Achievement Medal (3rd Award), the Air Force Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Army Good Conduct Medal, the Noncommissioned Officer’s Professional Development Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Grenade Bar and the Army Lapel Button.  The applicant’s DD Form 214 does not show the Global War on Terrorism Expeditionary Medal (GWOTEM).  

5.  There is no evidence the applicant received the second award of the Army Good Conduct Medal (AGCM).  There also is no evidence the applicant was disqualified by his chain of command from receiving the second award and his records do not contain any adverse information.

6.  A review of the applicant's records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

7.  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 Kuwait is included in the list of authorized Areas of Eligibility (AOE).  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 635-5, in effect at the time of the applicant's separation, prescribed the separation documents that were required to be prepared and furnished to Soldiers upon separation from the Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Table 2-1 (DD Form 214 Preparation Instructions) of this Army regulation contains guidance on the preparation of the DD Form 214.  The instructions for Item 18 (Remarks) provide that a statement will be added to show service in the country deployed, along with the dates of service (e.g., from and to dates).  In addition, the instructions for Item 13 show that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  Although, the applicant’s record is unclear as to when he actually deployed in support of Operation Enduring Freedom.  It is clear that he indeed deployed, participated and was assigned to an undesignated operations unit for more than 30 consecutive days in the AOE.  Therefore, he met the requirements for entitlement of the GWOTEM in support of Operation Enduring Freedom from (October 2002 to March 2003, as indicated on his NCOER).  Therefore, the applicant is entitled to correction of his DD Form 214 to show this service medal.

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 second award of the AGCM.  As a result, lacking evidence to the contrary, it is concluded that the applicant completed his second period of qualifying honorable active duty service that entitles him to receive the second award of the AGCM from 13 August 2000 through 12 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:

____X____ ___X_____  ___X____  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 deleting the Army Good Conduct Medal and adding the Army Good Conduct Medal (2nd Award), for his qualifying honorable active duty service from 
13 August 2000 through 12 August 2003; by showing his entitlement to the Global War on Terrorism Expeditionary Medal; and by providing him a correction to his separation document that includes these awards. 





      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005858



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005858



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1