IN THE CASE OF:	  

	BOARD DATE:	  4 November 2008

	DOCKET NUMBER:  AR20080005650 


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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show all of his awards and his deployment to Iraq.

2.  The applicant states that he was deployed to Iraq from April 2003 to July 2004 in support of Operation Iraqi Freedom.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  On 4 June 2002, the applicant enlisted in the Regular Army for 4 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).  

2.  On 4 June 2004, the applicant was promoted to specialist, pay grade E-4.

3.  On 16 May 2005, the applicant was reduced to the rank of private, pay grade E-1.  The available records do not show the reason or circumstances for his reduction in pay grade.

4.  Section I (Assignment Information) of the applicant’s Enlisted Record Brief (ERB), dated 27 August 2007, does not show that he was ever deployed overseas.

5.   The applicant’s DD Form 214 issued on 31 August 2007, shows that the narrative reason for his discharge was a court-martial for desertion.  It further shows that he had lost time from 7 to 23 February 2005 and from 25 February 2005 to 31 August 2007.  He received a bad conduct discharge. 

6.  Item 12f (Foreign Service) of his DD Form 214 shows no overseas service during this period of active duty.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that personal decorations will not be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant’s service has not been honorable.  Therefore, he is not entitled to be awarded or presented any personal decorations.

2.  Furthermore, there is no available evidence showing that he served in Iraq.

3.  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 the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X  ___  ____X___  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.




________ _  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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080005650



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