RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 25, 2005
      DOCKET NUMBER:  AR20040000885


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his record be corrected to show his awards
and his service in Iraq.  In separate correspondence to a Member of
Congress the applicant implies that his reentry (RE) code of “4” on his DD
Form 214 (Certificate of Release or Discharge from Active Duty) is
incorrect and should be corrected.

2.  The applicant states that his DD Form 214 does not show his awards or
service in Iraq.  In his correspondence as related by a Member of Congress
he states that when he was discharged someone tried to state that he was
absent without leave (AWOL), although he has evidence to the contrary.  He
states that he spoke to someone at the Army Board for Correction of
Military Records (ABCMR) who advised him that it was impossible to be given
an honorable discharge and receive an RE code of 4 – that the person who
assigned the code must have had it in for him.

3.  The applicant provides a copy of his DD Form 214, a copy of unit
temporary change of station orders, and a copy of assignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s official military personnel file (OMPF) is not
available to the Board.  The documents that are available are those
submitted by the applicant.

2.  The applicant’s DD Form 214 shows that he was a member of the Army
Reserve ordered to active duty on 24 January 2003 in support of Operations
Noble Eagle [and] Enduring Freedom.  He was discharged on 17 November 2003
under the provisions of Army Regulation 635-200, chapter 10, for misconduct
in lieu of trial by court-martial.  His discharge was under honorable
conditions (general).  His separation code and reentry code on his DD Form
214 are “KFS” and “4,” respectively.  His DD Form 214 does not reflect any
foreign service.  The only awards shown are the National Defense Service
Medal and the Army Service Ribbon.  That form shows that he had 66 days of
lost time occurring on five separation occasions.  The applicant’s
separation processing is not available to the Board.

3.  A 29 January 2003 order published by the 4th Infantry Division
(Mechanized) at Fort Hood, Texas directed the division artillery to proceed
on a temporary change of station from Fort Hood to CENTCOM (Central
Command) area of operations (AOR) and return to Fort Hood, for the purpose
of personnel deployment to the CENTCOM AOR.  The effective date was to be
determined by the Forces Command (FORSCOM) commander.  Attached to that
order was a list of names, to include the applicant’s.

4.  On 22 May 2003 the 1st Personnel Command [in Germany] published an
order reassigning the applicant (with a back dated proceed date of 20
January 2003) to Company D, 2nd Battalion, 20th Field Artillery at Fort
Hood.  The order indicates that the purpose was deployment in support of
Operation Iraqi Freedom.

5.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.
The discharge request may be submitted after court-martial charges are
preferred against the Soldier, or, where required, after referral, until
final action by the court-martial convening authority.  A discharge under
other than honorable conditions is normally considered appropriate;
however, the separation authority may direct a general discharge if such is
merited by the Soldier’s overall record during the current enlistment.

6.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory
or other directives), reasons for separating Soldiers from active duty, and
the SPD (separation) codes to be entered on the DD Form 214.  It states
that enlisted Soldiers who are discharged for misconduct will receive a
separation code of KFS.  Rules designating the award of reentry codes
prescribe that an RE code of “4” applies to persons discharged for
misconduct.  The code RE-4 applies to persons separated from his last
period of service with a non-waivable disqualification

7.  Operations Noble Eagle and Enduring Freedom were the names given to
operations conducted after the 11 September 2001 terrorist attacks.
Operation Enduring Freedom included the deployment of troops to
Afghanistan.  Operation Iraqi Freedom was the name given to the still
ongoing operations in Iraq.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant’s contentions and the orders that he
submits with his request, there is insufficient evidence to show that he
served in Iraq, or in fact that he deployed to an overseas area.  The
orders in themselves are no indication that he did deploy, and his DD Form
214, while showing that he was ordered to active duty in support of
operations, do not signify actual deployment. To the contrary, his DD Form
214 reflects no foreign service.  There is insufficient evidence to show
that he served in Iraq or at any other overseas location.  Therefore, his
request to correct his record to show service in Iraq and awards for such
service is not warranted.

2.  The applicant had 66 days of lost time on five separation occasions and
was discharged for misconduct in lieu of trial by court-martial.  His
discharge was under honorable conditions, not honorable as he implies.
Absent evidence to the contrary, his discharge was proper.  The separation
code, and the reentry code of “4” is appropriate and in accordance with
applicable regulations.  Consequently, his request to correct his reentry
code is unwarranted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KN __  ___JA___  ___LD __  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.





                                  ____Kathleen Newman______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000885                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]