RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 JULY 2005
      DOCKET NUMBER:  AR20040008728


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |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 “overseas time” be put on his
separation document.

2.  The applicant makes no statements.

3.  The applicant provides a copy of his Post Deployment Health Assessment,
completed the day he left Kuwait, and a copy of his hardship discharge
paperwork, which he notes has “conflicting dates on them.”

CONSIDERATION OF EVIDENCE:

1.  Information available to the Board indicates the applicant was a member
of the United States Army Reserve when he was ordered to active duty on
10 February 2003.

2.  Orders issued at Fort Hood, Texas on 15 April 2003 directed the
applicant, and other members of the 370th Transportation Company, on a
Temporary Change of Station from Fort Hood to the CENTCOM AOR (Central
Command Area of Responsibility) in support of Operation Iraqi Freedom
effective “on or about” 28 April 2003.  The orders confirm that the
applicant’s unit was mobilized on 10 February 2003 under 10 USC (United
States Code) 12302.

3.  Information contained on the Post Deployment Health Assessment,
completed by the applicant on 27 October 2003 and authenticated by a
physician’s assistant officer, indicates the applicant arrived in Kuwait on
19 April 2003 and in Iraq on 15 May 2003.

4.  On 9 August 2003 the applicant requested a hardship discharge due to
his spouse’s medical condition.  The request indicates that the applicant
was located at Camp Cedar II.  Camp Cedar II is part of Tallil Airbase,
located approximately 310 kilometers Southeast of Baghdad.  By 13 September
2003 the applicant’s request was approved indicating that he had requested
release not later than
15 September 2003, “or as soon as practicable.”  The Post Deployment Health
Assessment form indicates the applicant departed the theater on 27 October
2003.

5.  On 12 November 2003 the applicant was honorably discharged at Fort
Hood. Item 18 (remarks) on his separation document contains the statement
“Ordered to active duty in support of Operations Noble Eagle Enduring
Freedom IAW [in accordance with] 10 USC [United States Code] 12302.
6.  Operation Noble Eagle is the official name given to the United States
military operations associated with homeland defense and support to
federal, state and local agencies in the United States.  Operation Enduring
Freedom is the overseas fight against terrorism currently being waged by
American forces and a coalition of allied forces in Afghanistan.

7.  Army Regulation 635-5, which establishes the policies and provisions
for the preparation and distribution of separation documents states that
the remarks section (item 18) for a Reserve Soldier ordered to active duty
and deployed to a foreign country with contain the statements:

      a.  ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC
(APPLICABLE SECTION); and

      b.  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD – YYYYMMDD).

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board shows that the applicant was
ordered to active duty in support of Operation Iraqi Freedom and not
Operations Noble Eagle and Enduring Freedom.

2.  While the exact dates of the applicant’s deployment overseas cannot be
confirmed with certainty, the beginning date of his overseas deployment, 19
April 2003, reflected on his Post Deployment Health Assessment document is
consistent with the information contained in his deployment orders.

3.  While the document approving the applicant’s hardship discharge
indicates that his requested separation date was in September 2003, that
same document did authorize separation “as soon as practicable.”  There is
no reason to doubt the accuracy of his departure date from overseas, 27
October 2003, reflected on that same Post Deployment Health Assessment
document.  His separation approximately 2 weeks later at Fort Hood is
reasonable if his departure from overseas occurred in the latter part of
October.

4.  In view of the foregoing it would be appropriate and in the interest of
justice and equity, to correct item 18 on the applicant’s separation
document to read “ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI
FREEDOM IAW 10 USC 12302” vice “ORDERED TO ACTIVE DUTY IN SUPPORT OF
OPERATIONS NOBLE EAGLE ENDURING FEEDOM IAW 10 USC 12302” and to add the
entry “SERVICE IN KUWAIT/IRAQ FROM 20030419 – 20031027.”

BOARD VOTE:

___LS___  ___PM__  __LH____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___      __  __      ___  ___     ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing in item 18 on his separation document “ORDERED TO ACTIVE DUTY IN
SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302” vice “ORDERED TO
ACTIVE DUTY IN SUPPORT OF OPERATIONS NOBLE EAGLE ENDURING FEEDOM IAW 10 USC
12302” and adding the entry “SERVICE IN KUWAIT/IRAQ FROM 20030419 –
20031027.”




                                  _____Linda Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008728                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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