RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2005
      DOCKET NUMBER:  AR20040003600


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. Robert J. Osborn, II          |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 her DD Form 214 (Certificate of Release or
Discharge From Active Duty) be corrected to show her foreign service and
medals.

2.  The applicant makes no statement.

3.  The applicant provides a copy of her DD Form 214 for the period 16 July
2001 to 12 January 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 July 2001.  Following
training in military occupational specialty (MOS) 92Y (Supply Specialist),
she was transferred to Fort Lewis, Washington.

2.  On 25 January 2002, the applicant was assigned to the 555th Combat
Engineer Group.  She was further assigned to the 11th Chemical Company,
14th Engineer Battalion.  On 21 February 2003, she was reassigned from the
11th Chemical Company to Headquarters and Headquarters Company (HHC), 14th
Engineer Battalion.

3.  In January 2003, the 555th Combat Engineer Group received orders to
deploy with the 4th Infantry Division (Mechanized) as a member of Task
Force Ironhorse in support of Iraqi Operation Freedom (OIF).  Arriving in
country on 11 April 2003, the Group was immediately diverted to the seaport
in Kuwait where they pushed forward more than 7,000 vehicles in less than 1
month while simultaneously conducting reception, staging, onward movement,
and integration activities at Camp New Jersey, Kuwait.  Moving into Iraq in
late April 2003, the Group established its headquarters at Forward
Operating Base Speicher, Tikrit, Iraq.

4.  During OIF, the Group served as the headquarters of Task Force Able,
which was compromised of more than 3,000 engineers from the Regular Army,
Army Reserve, and Army National Guard.  Task Force Able consisted of the
Group Headquarters, the 5th Combat Engineer Battalion, the 14th Combat
Engineer Battalion, the 223d Engineer Battalion, the 565th Combat Engineer
Battalion, the 229th Construction Support Equipment Company, the 285th
Construction Support Equipment Company, and the 463d Firefighting
Detachment.

5.  The 555th Engineer Group redeployed from Iraq to Fort Lewis in March
2004.

6.  The applicant deployed with her unit to Iraq in support of OIF,
arriving in Southwest Asia on 11 April 2003.  She served at Forward
Operating Base Speicher, Tikrit, Iraq.  In Iraq, she received nonjudicial
punishment (NJP) under Article 15, Uniform Code of Military Justice, on
three separate occasions and received numerous formal counseling statements
concerning her performance, attitude and behavior.

7.  On 7 October 2003, the 555th Engineer Group commander directed that the
applicant be separated from active duty under the provisions of chapter 14,
Army Regulation (AR) 635-200, by reason of misconduct.  On an unknown date,
she was transferred to Fort Lewis where she reported to the Separation and
Transfer Point for separation processing.  The record shows that on 12
November 2003, she was back at Fort Lewis where she was issued 90-day
temporary identification cards for herself and her family members.

8.  The applicant was discharged on 12 January 2004 with a general
discharge.  Her DD Form 214 does not show any foreign service in Item 12f
(Foreign Service).  It shows that she was awarded the National defense
Service Medal and the Army Service Ribbon.

9.  AR 600-8-22 (Military Awards) sets forth Department of the Army
criteria, policy and instructions concerning individual military awards,
the Good Conduct Medal, service medals and service ribbons, combat and
special skill badges and tabs, unit decorations, and trophies and similar
devices awarded in recognition of accomplishments.  It states, in pertinent
part, that a medal 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. The determination of
"honorable" will be based on such honest and faithful service according the
standards of conduct, courage, and duty required by law and customs of the
service of a member of the grade to whom the standard is applied.

10.  AR 635-5 (Separation Documents) prescribes the separation documents
that must be prepared for soldiers on retirement, discharge, release from
active duty service, or control of the Active Army.  It establishes
standardized policy for preparing and distributing the DD Form 214.  It
states, in pertinent part:

      a.  The total amount of foreign service completed during the period
covered by the DD Form 214 will be entered in block 12c.

      b.  Active duty Soldiers deployed with their unit during their
continuous period of active service will have the following statement added
to Item 18 (Remarks) – "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM
(inclusive dates for example, YYYYMMDD - YYYYMMDD)."

11.  AR 635-200 sets forth the basic authority for the separation of
enlisted personnel.  Essentially, it states an honorable discharge is a
separation with honor, and is appropriate when the quality of the Soldier’s
service is so meritorious that any other characterization would be clearly
inappropriate.  Chapter 14 establishes policy and prescribes procedures for
separating members for misconduct.  Specific categories include minor
disciplinary infractions, a pattern of misconduct, commission of a serious
offense, convictions by civil authorities, desertion or absence without
leave.  Action will be taken to separate a member for misconduct when it is
clearly established that rehabilitation is impracticable or is unlikely to
succeed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had foreign service from 11 April 2003 to an undetermined
date. Since this date cannot be determined from the record, the date 11
November 2003 will be used as the latest date she could have remained in
Iraq because it is known that she was at Fort Lewis on 12 November 2003.

2.  The applicant's DD Form 214 should contain the following entry in Item
12f, "0000 – 07 – 00" and the following statement in Item 18:  "SERVICE IN
IRAQ FROM 20030411 – 20031111."

3.  The applicant's service in Iraq was not honorable.  The applicant
committed numerous acts of misconduct and was processed for administrative
separation for misconduct under the provisions of chapter 14, AR 635-200.
AR 600-8-22 states that medals will not be awarded to any Soldier whose
entire service has not been honorable.  The applicant is not entitled to
any award or decoration for service in Iraq.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__tdh___  __rjo___  __jbg___  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:

      a.  Correcting her DD Form 214 in Item 12f to show that she served
7 months of foreign service; and

      b.  Adding the following statement to Item 18 – "SERVICE IN IRAQ FROM
20030411 – 20031111."

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
the awarding of any service medals for service in Iraq.



                                        Thomas D. Howard, Jr.
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003600                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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