ABCMR Record of Proceedings (cont) AR20050004851
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2006
DOCKET NUMBER: AR20050004851
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 / DirectorMs. Lisa O. Guion / Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell / ChairpersonMr. Melvin H. Meyer / Member
Mr. Allen L. Raub / 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) AR20050004851
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests,in effect, award of the Iraq Campaign Medal (ICM) and Korean Defense Service Medal (KDSM).
2. The applicant states, in effect, that he is entitled to the award of the ICM and KDSM.
3. The applicant providesthe following documents in support of his application: Separation Document (DD Form 214); Officer Record Brief (ORB); Headquarters, Fort McPherson Orders Number (#) 164-15, dated 13 June 2002; and Coalition Forces Land Component Command (CFLCC), Headquarters, United States
Third Army Memorandum for Record (MFR), dated 19 August 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records show that on 1 June 2002, the applicant was recalled from the Retired Reserve, in the rank of major,in support of Operation Enduring Freedom. He served on active duty for 1 year and 4 months until
30 September 2003, at which time he was honorably separated at the completion of his required service and returned to the Retired Reserve.
2. The DD Form 214 he was issued on 30 September 2003, shows, in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that he earned the following awards: Defense Meritorious Service Medal; Meritorious Service Medal (4th Award); Army Commendation Medal
(3rd Award); Army Achievement Medal (3rd Award); National Defense Service Medal (2nd Award);Armed Forces Expeditionary Medal; Overseas Service Ribbon; Senior Army Aviator Badge; Parachutist Badge; and Army Staff Identification Badge. Item 18 (Remarks) includes the entry "Service in Southwest Asia 20020615 - 20030606”.
3. Section I (Assignment Information) of the applicant’s ORB shows he completed a 12 month short tour in Korea and Section IX (Assignment History) shows he served in Camp Casey, Korea from November 1984 through December 1985.
4. The applicant provides Headquarters, Fort McPherson Orders # 164-15, dated 13 June 2002, which directed his assignment to the United States Army CFLCC, Camp Doha, Kuwaitfor the purpose of deployment in support of Operation Enduring Freedom. He also provides a CFLCC MFR that confirms he was deployed in Kuwait from 15 June 2002 to 6 June 2003.
5. Human Resources Command (HRC), Military Awards Branch Message, dated 8 April 2005, provided implementing instructions for award of the ICM. It stated, in pertinent part, that the ICM was authorized for service in direct support of Operation Iraqi Freedom on or after 19March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. The Area of Expedition (AOE) encompasses all land area of the country of Iraq.
6. Executive Order Number 13289, dated 12 March 2003, established two new medals for service in the Global War on Terrorism (GWOT). They are the GWOT Terrorism Expeditionary Medal (GWOTEM) and GWOT Service Medal (GWOTSM). The GWOTEM was authorized to Soldiers who are assigned to a designated Area of Expedition (AOE) for 30 consecutive days or 60
non-consecutive days on or after 11 September 2001 through Kuwait was a designated AOE. 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. 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.
7. The Secretary of Defense approved the implementing instructions and criteria for the KDSM on 3 February 2004. The KDSM is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant entered active duty on 1June 2002 and deployed to Kuwait in support of OEF. It further shows he served in Southwest Asia from 15 June 2002 to 6 June 2003. It also shows he served outside of a designated AOE from 7 June through 30 September 2003.
2. Based on the more than 30 days of qualifying active duty service the applicant completed in support of the GWOT outside an authorized AOE between 7 June and 30 September 2003, he is entitled to the GWOTSM. Further, based on his service in Kuwait, an authorized AOE, he is also entitled to the GWOTEM. As a result, it would be appropriate to correct his record to show his entitlement to these awards.
3. The evidence of record confirms the applicant served in Kuwait and not Iraq. Further, the existing policy prohibits award of both the GWOTEM and the ICM. Thus, given the applicant qualified for the GWOTEM, he is not eligible to receive the ICM.
4. Based on the applicant's service in Korea from November 1984 through December 1985, he is also entitled to the award of the KDSM. As a result, it would be appropriate to correct his record at this time to show this award.
BOARD VOTE:
______GRANT FULL RELIEF
___SLP _ ___MHM_ __ALR__ 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 showing that he is entitled to the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Korean Defense Service Medal; and by providing him a correction to his separation document that includes these awards.
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 award of the Iraq Campaign Medal.
____Shirley L. Powell______
CHAIRPERSON
INDEX
CASE ID / AR20050004851SUFFIX
RECON / NA
DATE BOARDED / 2005/12/13
TYPE OF DISCHARGE / HD
DATE OF DISCHARGE / 2003/09/30
DISCHARGE AUTHORITY / AR 635-200
DISCHARGE REASON / Retirement
BOARD DECISION / PARTIAL GRANT
REVIEW AUTHORITY / Mr. Schneider
ISSUES 1. / 107.0000
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