ABCMR Record of Proceedings (cont) AR20040006920
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 June 2005
DOCKET NUMBER: AR20040006920
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. Carl W. S. Chun / DirectorMr. Joseph A. Adriance / Analyst
The following members, a quorum, were present:
Mr. John N. Slone / ChairpersonMr. Hubert O. Fry / Member
Ms. Linda D. Simmons / 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).
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ABCMR Record of Proceedings (cont) AR20040006920
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his separation document (DD Form 214) reflect his service in support of Operations Enduring and Iraqi Freedom.
2. The applicant states, in effect, that the overseas service he completed in support of Operations Enduring and Iraqi Freedom is not recorded on his separation document (DD Form 214).
3. The applicant provides the following documents in support of his application: DD Form 214, Recommendation for Award (DA Form 638)-Army Commendation Medal (ARCOM), ARCOM Certificate, DA Form 638-Army Achievement Medal, AAM Certificate and United States Army Air Defense Artillery Center (USAADAC) Permanent Orders Number 28-504.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows that he enlisted in the Regular Army and entered active duty on 13 July 2000. He was trained in, awarded and served in military occupational specialty (MOS) 14T (Patriot Missile Crewmember), and the highest rank he attained while serving on active duty was sergeant (SGT).
2. USAADAC Permanent Orders Number 28-504, dated 28 January 2003, directed the applicant’s unit be deployed in support of Operation Enduring Freedom.
3. A DA Form 638 on file confirms the applicant was awarded the AAM for achievement in support of Operation Enduring Freedom from 27 December 2002 through 15 January 2003. This award was approved by the commander of the 108th Air Defense ArtilleryBrigade in Kuwait, and was announced in Permanent Orders Number 119-45 on 28 April 2003.
4. The record also includes a DA Form 638 that confirms the applicant was awarded the ARCOM for achievement in support of Operation Iraqi Freedom during the period 22 February 2003 through 1 June 2003. This award was approved by the commander of the 108th Air Defense Artillery Brigade in Kuwait and announced in Permanent Orders Number 122-46 on 1 May 2003.
5. On 30 November 2003, the applicant was honorably released from active duty by reason of expiration of term of service (ETS). The DD Form 214 he was issued at the time confirms he held the rank of SGT and that he had completed a total of 3 years, 4 months and 18 days of active military service. Item 12F (Foreign Service) contains the entry “00 00 00”, which indicates he completed no overseas service.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his active duty tenure: ARCOM (2), AAM (3), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon and Driver and Mechanic Badge with Driver A Bar. Item 18 (Remarks) contains no foreign service entry.
7. Executive Order Number 13289, dated 12 March 2003, established two new medals for service in the Global War on Terrorism (GWOT). They are the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM). These medals are awarded to recognize all members of the Armed Forces of the United States serving in, or in support of GWOT operations on or after 11 September 2001.
8. The guidance specifies that to be eligible for the GWOTEM, a Soldier must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 non-consecutive days in designated Areas of Expedition (AOE), or meet one of the following criteria: (a) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of the time in the area; (b) is killed or wounded/injured requiring medical evacuation from the AOE; (c) Soldiers participating as a regularly assigned air crew member flying sorties into, out of, within, or over an AOE in direct support of operations Enduring Freedom and/or Iraqi Freedom, each day that one or more sorties are flown counts as one toward the 30 consecutive or 60 non-consecutive day requirement. Finally, under no conditions will any Soldiers in the United States receive the GWOTEM. Only Soldiers serving in an operationally deployed status in a designated AOE are eligible for the GWOTEM.
9. The GWOTSM is authorized to be awarded to Soldiers who have participated in or served in support of GWOT operations outside a designated AOE on or after 11 September 2001. Initial award of the GWOTSM will be limited to airport security operations from 27 September 2001 through 31 May 2002, who supported operations Noble Eagle, Enduring Freedom and Iraqi Freedom. All Soldiers on active duty, including Reserve Component Soldiers mobilized and National Guard Soldiers activated on or after 11 September 2001, having served 30 consecutive days or 60 non-consecutive days, are authorized the GWOTSM.
10. Army Regulation 635-5 (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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains DD Form 214 item-by-item preparation instructions. The instructions for Item 18 (Remarks) state, in pertinent part, that the entry “"SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included for an active duty Soldier deployed with his or her unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that his record does not reflect his foreign service in support of Operations Enduring and Iraqi Freedom was carefully considered and found to have merit.
2. The evidence of record confirms the applicant served on active duty from
13 July 2000 through 30 November 2003, and that he served in Kuwait, an authorized AOE, in support of Operations Enduring and Iraqi Freedom from
27 December 2002 through 1 June 2003. Therefore, he is entitled to both the GWOTSM and GWOTEM.
3. By regulation, Item 18 of the DD Form 214 will contain an entry to document the country in which a Soldier completed overseas service as part of a deployment. In this case, the applicant served in Kuwait during the period
27 December 2002 through 1 June 2003. Therefore, it would be appropriate to amend the applicant’s DD Form 214 as follows: Item 12f - delete the current entry and replace it with the entry “00 05 05”; and by adding the following entry to Item 18 "SERVICE IN KUWAIT FROM 20021227-20030601”.
BOARD VOTE:
___JNS _ __HOF __ ___LDS_ 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 amending his 30 November 2003 DD Form 214 as follows: Item 12f - by deleting the current entry and replacing it with the entry “00 05 05”; Item 13 -by adding the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal; and Item 18 - by adding the entry "SERVICE IN KUWAIT FROM 20021227-20030601”; and by providing him a corrected separation document that reflects these changes.
____John N. Slone______
CHAIRPERSON
INDEX
CASE ID / AR20040006920SUFFIX
RECON
DATE BOARDED / 2005/06/14
TYPE OF DISCHARGE / HD
DATE OF DISCHARGE / 2003/11/30
DISCHARGE AUTHORITY / AR 635-200
DISCHARGE REASON / ETS
BOARD DECISION / GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 1021 / 100.0000
2. 46 / 107.0000
3.
4.
5.
6.
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