RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 February 2005
      DOCKET NUMBER:  AR20040001647


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show his Reserve
service, his foreign service, his home of record (HOR) as Pennsylvania; and
his $600.00 additional Montgomery GI Bill deduction.

2.  The applicant makes no additional statement.

3.  The applicant provides his NGB Form 22 (Report of Separation and Record
of Service); his temporary change of station (TCS) orders; his unit
deployment orders with attached personnel roster; a Statement of Wartime
Service; a DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB)); his leave
and earnings statement (LES) for the month of July 2002; and a Certificate
of [Voter] Registration showing he was registered to vote in Franklin
County, PA with an address of Fayetteville, PA.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Oklahoma Army National Guard (OKARNG) on
16 December 1998.  His ARNG enlistment contract is not available.  He
attended initial active duty for training for which he was issued a DD Form
214 for the        6 April 1999 through 28 July 2000.  His HOR is listed as
____ Oklahoma City, OK on this DD Form 214.  His Standard Form 86 (Security
Clearance Application) shows he resided at Fort Sam Houston, TX during this
period.

2.  On 4 January 2001, the applicant requested enlistment in the Regular
Army from the U. S. Army Recruiting Battalion in Oklahoma City, OK.

3.  On 14 February 2001, the applicant was discharged from the OKARNG and
as a Reserve of the Army.  Item 19 (Mailing Address after Separation) shows
his address as ____ Oklahoma City, OK.

4.  On 15 February 2001, the applicant enlisted in the Regular Army.  His
enlistment contract shows his place of enlistment as Oklahoma City, OK and
his HOR as ____ Oklahoma City, OK.  His Standard Form 86 shows he resided
at ____ Oklahoma City, OK on that date.

5.  The applicant was assigned to Walter Reed Army Medical Center.  In
January 2003, he was temporarily assigned to the 424th Medical Logistics
Battalion, Franklin Center, PA for deployment with Operation Enduring
Freedom.  Deployment orders show the applicant and the unit deployed on or
about            6 March 2003 to the U. S. Central Command Area of
Responsibility in support of Operation Enduring Freedom.

6.  The Statement of Wartime Service provided by the applicant shows he
 was deployed from 21 March 2003 to 24 April 2003 in support of Operation
Enduring/Iraqi Freedom with duty in Iraq.  Information obtained from the
Defense Finance and Accounting Service revealed he departed a hostile fire
area on or about 3 September 2003 and could have been in either Kuwait or
Iraq.

7.  The applicant was released from active duty on 14 February 2004.  Item
7b of his DD Form 214 for the period ending 14 February 2004 shows his HOR
as ____ Oklahoma City, OK.  Item 12a erroneously shows he entered active
duty on 22 October 1999.  Item 12c erroneously shows he completed 4 years,
3 months, and 23 days of net active service that period.  Item 12d
erroneously shows he had no prior active service.  Item 12e shows he
completed a total of 10 months and 6 days of prior inactive service.  Item
12f does not show he completed any foreign service.  Information concerning
the MGIB is not entered on the DD Form 214.  Item 15a shows he did not
contribute to the Post-Vietnam Era Veteran's Educational Assistance Program
(VEAP).

8.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

9.  The instructions for completing item 4 of the DD Form 214 stated that
the HOR at time of entry will be entered and that a Soldier's initial
enlistment contract is the source of this data.  The instructions for
completing item 12f state that the total amount of foreign service
completed during the period covered in item 12c will be entered in item
12f.  The instructions for completing item 15 state that, for any Soldier
who enlisted after 1985, "NO" will be marked.  For an active duty Soldier
deployed with his or her unit during their continuous period of active
service, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates) will
be entered in item 18.

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) only mentions that items 1 through 14 of the DD Form 4 are
prepared by the Military Entrance Processing Station.

11.  Army Regulation 601-280 (Total Army Retention Program) provides
instructions for completing the DD Form 4 series upon immediate
reenlistment in the Regular Army.  It defines the term “Home of Record” as
the place recorded as the home of the person when he/she entered into the
current tour of active duty.

12.  Department of Veterans Affairs Pamphlet 80-03-1, Federal Benefits for
Veterans and Dependents, informs veterans and dependents of the variety of
federal benefits available.  In pertinent part, it states that
servicepersons were eligible to enroll in the VEAP if they entered active
duty for the first time after      31 December 1976 and before 1 July 1985.
 The MGIB provides a program of education benefits to individuals who enter
active duty for the first time after       30 June 1985 and receive an
honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  There are several errors on the applicant's DD Form 214 for the period
ending 14 February 2004.

2.  The applicant was previously in the ARNG, had served his initial active
duty for training from 6 April 1999 through 28 July 2000, and had received
a DD Form 214 for this period of active duty.

3.  Item 12a of the DD Form 214 is meant to reflect the date of entry on
active duty for the current period of continuous active duty.  Therefore,
item 12a of his DD Form 214 for the period ending 14 February 2004 should
have reflected the date he enlisted in the Regular Army, i.e., 15 February
2001.  This error then caused an error in items 12c and 12d.

4.  Item 12e of the applicant's DD Form 214 for the period ending 14
February 2004 appears to be correct.  It is not meant to reflect ALL his
Reserve service, only his inactive Reserve service (his active Reserve
service would be reflected in item 12d).

5.  Item 12f of the applicant's DD Form 214 for the period ending 14
February 2004 should reflect the time he spent while deployed overseas.
While it is not clear if he was in Iraq the entire period or in both Iraq
and Kuwait, any reasonable doubt should be resolved in favor of the
applicant; therefore, item    18 of this DD Form 214 should also show that
he was deployed to Iraq from         21 March 2003 to 3 September 2003.

6.  There does not appear to be an error on either of the applicant's DD
Forms 214 regarding his HOR.  HOR is not the same as home of domicile,
which is what Pennsylvania appears to be.  HOR is the place where the
applicant   resided at the time he entered active duty and the information
is taken from      the enlistment contract.

7.  The applicant's ARNG enlistment contract is not available so it cannot
be determined what was reflected as his HOR on that document.  It is noted
that   his Standard Form 86 shows he resided at Fort Sam Houston, TX
(neither Pennsylvania nor Oklahoma City) during this period.  His Regular
Army enlistment contract shows his HOR as Oklahoma City and it is noted
that his Standard Form 86 shows he resided in Oklahoma City at that time.

8.  There does not appear to be an error on the applicant's DD Form 214
regarding his MGIB deduction.  While it is not clear what the applicant
means by this request, presumably he meant item 15 of the DD Form 214
should show his MGIB deductions.  However, that item is meant to reflect
only information concerning the VEAP, not the MGIB.  Since he did not meet
the eligibility criteria for participation in the VEAP, the instructions
were to enter "NO" in this item, which was correctly done.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mhm__  __lmb___  __ljo___  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 the DD Form 214 for the period ending 14 February 2004 of
the individual concerned be corrected:

     a.  in item 12a to show he entered active duty on 15 February 2001;

     b.  in item 12c to show he completed 3 years of active service that
period;

     c.  in item 12d to show he completed 1 year, 3 months, and 23 days of
total prior active service (his records should first be reviewed to
determine if he had any additional prior active service, for example in the
form of annual training, and, if so, that item 12d be further adjusted as
required);

     d.  in item 12e only if, after a review of his records, it is
determined he had additional prior active service which would require an
adjustment of his prior inactive service;

     e.  in item 12f to show he completed 5 months and 13 days of foreign
service; and

     f.  in item 18 to add, "SERVICE IN IRAQ FROM 21 MARCH 2003 TO
    3 SEPTEMBER 2003."

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
correcting his home of record and showing his MGIB deductions.




            __Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040001647                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050203                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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