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ARMY | BCMR | CY2002 | 2002075358C070403
Original file (2002075358C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002075358


         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 Director
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Ms. Karen Y. Fletcher Member
Mr. Bernard P. Ingold Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her "PERSTEMPO" days of deployment to Camp Doha, Kuwait.

3. The applicant states, in effect, that she was not advised that her service in Kuwait should have been reflected on her DD Form 214 at the time of her discharge for medical reasons. She claims that she was involuntarily discharged without the deployment listed on her record. As a result, she is ineligible for medical benefits. In support of her application, she submitted photocopies of temporary duty (TDY) group orders to Kuwait, a NATO Travel Order, a Service Member Deployment History Out-processing Verification, a Delta Airlines passenger ticket, and a travel voucher.

4. The applicant’s military records show that she enlisted in the Regular Army on 20 September 2000 for a period of four years. She successfully completed basic and advanced individual training and was assigned to Fort Huachuca, Arizona, as a telecommunication terminal device repairer. The applicant was honorably discharged on 5 April 2002 under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental condition.

5. The applicant's DD Form 214 does not show any foreign service in
item 12f (Foreign Service). Her discharge document does not show service in Kuwait in item 18 (Remarks).

6. Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) does not show TDY in Kuwait.

7. The applicant provided a copy of United States Army Intelligence Center and Fort Huachuca Orders Number 039-00017, dated 8 February 2002. These orders show that the applicant's unit, the 19th Signal Company, 504th Signal Battalion, was deployed to Camp Doha, Kuwait in support of Operation Enduring Freedom on or about 11 February 2002 for 365 days.

8. The applicant also provided a copy of a Service Member Deployment History Out-processing Verification covering the period 1 January 2001 to 8 March 2002. This document shows the applicant was deployed from 14 February 2002 to 7 March 2002.

9. The applicant provided a copy of her Travel Voucher prepared by the Defense Finance and Accounting Service (DFAS) on 27 March 2002. This voucher shows she was TDY in Kuwait from 22 February 2002 to 5 March 2002.

10. Army Regulation 635-5 (Separation Documents), currently in effect, establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. This regulation states that an active duty soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD)" will be entered in block 18 of the DD Form 214.

CONCLUSIONS:

1. The Board considered the applicant's request for correction of her DD Form 214 to show her deployment to Camp Doha, Kuwait.

2. The Board carefully reviewed the TDY travel orders, Service Member Deployment History Out-processing Verification, Delta Airlines passenger ticket, and the travel voucher submitted by the applicant in support of her claim.

3. Upon careful review of these documents, the Board determined that the applicant served in Kuwait from 22 February 2002 to 5 March 2002. Therefore, she is entitled to correction of her DD Form 214 to show the entry: "SERVICE IN KUWAIT: FROM 22 FEBRUARY 2002 TO 5 MARCH 2002."

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the entry "SERVICE IN KUWAIT: FROM 22 FEBRUARY 2002 TO 5 MARCH 2002" in item 18 (Remarks) on the DD Form 214 of the individual concerned.

BOARD VOTE:

RWA____ KYF_____ BPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Roger W. Able_________
                  CHAIRPERSON



INDEX

CASE ID AR2002075358
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021212
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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