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ARMY | BCMR | CY2004 | 20040002329C070208
Original file (20040002329C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 MARCH 2005
      DOCKET NUMBER:  AR20040002329


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Mr. Robert Rogers                 |     |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 September 2003 separation document be
corrected to show that he was deployed to Iraq between 20 February 2003 and

6 June 2003.

2.  The applicant states he is being denied benefits as an Iraq veteran
even though he served in Iraq.

3.  The applicant provides extracts from his service medical records in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 9 January 2002 and in August 2002 was assigned to a chemical
company at Fort Polk, Louisiana.

2.  According to medical documents provided by the applicant, on 7 May 2003
the applicant threatened to commit suicide.  The 7 May 2003 medical
treatment document notes that the applicant’s spouse attempted suicide in
February “prior to deploy[ment],” and that she “tried since spouse
deployed.”  Medical documents provided by the applicant indicate he had
follow-up treatment for depression on 16 May 2003, and that his spouse
“attempted to kill herself in February 03 prior to him deploying” and
“attempted suicide in March 03 while he [the applicant] was deployed to
Kuwait.”

3.  A 21 May 2003 medical treatment document indicates that the applicant’s
command referred the applicant for evacuation to CONUS (Continental United
States) and that the command was unable to use the Soldier “in theater” due
to continued suicide thoughts.  An October 2003 medical treatment document
from the Department of Veterans Affairs notes that the applicant was
medically evacuated from Iraq on 6 June.

4.  A 1 June 2003 counseling statement, which was not signed by the
applicant until 14 July 2003, indicates that the applicant was counseled
concerning a
26 May 2003 suicidal statement “while deployed.”




5.  On 11 and 12 June 2003 the applicant was diagnosed with an adjustment
and personality disorder and actions were initiated to administratively
discharge the applicant from active duty.  The discharge action was
finalized and on
17 September 2003 the applicant was administratively discharged under the
provisions of Army Regulation 635-200, paragraph 5-13 as a result of a
personality disorder.

6.  Army Regulation 635-5 states that active duty Soldiers deployed with
his or her unit during the period of active service will have the entry
“Service in (name of country deployed) from (inclusive dates)” reflected in
item 18 (remarks) on the separation document.  The applicant’s separation
document contains no such statement.

DISCUSSION AND CONCLUSIONS:

1.  While the specific dates of the applicant’s deployment to the Persian
Gulf region are not available, his medical records indicate that he was
deployed in May 2003 when he first began receiving treatment for suicidal
threats.  Those same medical documents indicate that his spouse attempted
suicide in February 2003, prior to his deployment.  The source of the 6
June date in the October 2003 Department of Veterans Affairs medical
treatment document is unknown.

2.  However, the evidence does clearly show that the applicant was deployed
to the Persian Gulf region, although, again based on the medical records,
it appears that part of the deployment included service in Kuwait.

3.  In the absence of evidence to the contrary, there is sufficient
evidence to confirm that the applicant did deploy to the Persian Gulf
region and that his service included duties in Kuwait and Iraq.  However,
because the specific dates of his deployment are not clear, based on the
available evidence, it would be reasonable to conclude that he was deployed
between March 2003, after his spouse attempted suicide in February 2003 and
May 2003, when he first expressed his suicide threats.

4.  As such, in view of the foregoing, it would be reasonable, and in the
interest of justice and equity to confirm the applicant’s deployment to the
Persian Gulf region by correcting item 18 on his September 2003 separation
document to read “Served in Kuwait/Iraq from March 2003 through May 2003.”




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___AR __  ___RB __  ___RR __  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 adding the statement “Served in Kuwait/Iraq from
March 2003 through May 2003” to item 18 of the applicant’s separation
document.

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
adding specific dates of service in Iraq to his separation document.




                                  ______ Allen Raub________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002329                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050324                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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