RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JULY 2005
      DOCKET NUMBER:  AR20040009288


      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:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Joe Shroeder                  |     |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.  In effect, the applicant requests that the dates of his service in
Iraq, as depicted on his 24 September 2004 DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show that he arrived
in Kuwait on   23 March 2004, arrived in Iraq on 9 April 2004, and departed
Iraq on                   4 September 2004, vice the date shown for his
service in Iraq – 24 March 2003 to 4 September 2004.  He also requests that
his previous foreign service time be included on this DD Form 214.

2.  The applicant states that the dates that he spent in Iraq as shown on
his     DD Form 214 are incorrect.

3.  The applicant provides a note showing the dates that he states that he
served in Kuwait and in Iraq, a copy of his DD Form 214, a copy of a 21
September 2004 assignment order, a copy of an Honorable Discharge
Certificate, a copy of a 17 September 1980 DD Form 214, a copy of an
Honorable Discharge Certificate reflecting his discharge from the Army on
that date, a copy of a          15 October 2003 order ordering him to
active duty, a copy of a 15 March 2004 temporary duty order, a copy of a 31
August 2004 memorandum releasing the applicant from the Central Command
(CENTCOM) theater, and copies of documents pertaining to his hardship
discharge.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 3 years on 4 December 1979,
completed training, and in June 1980 was assigned to an infantry battalion
in Germany.  He returned to the Untied States and was discharged on
          17 September 1980 under the provisions of the expeditious
discharge program, for failure to maintain acceptable standards for
retention.  He had 9 months and   14 days of service, to include 3 months
and 9 days of foreign service.

2.  The applicant, then a staff sergeant assigned to Detachment 1, Company
B, 39th Support Battalion, a National Guard unit in Heber Springs,
Arkansas, was ordered to active duty not to exceed 730 days, for Operation
Iraqi Freedom, with a reporting date to his home station, Camp Robinson,
Arkansas, on 12 October 2003 and a reporting date to his mobilization
station on 29 October 2003.  His
DD Form 214 shows that he entered on active duty on 12 October 2003 and was
released from active duty on 24 September 2004.

3.  On 15 March 2004 Headquarters, 7th Infantry Division (L) at Fort
Carson, Colorado, published orders directing the 39th Brigade Combat Team
in Little Rock, Arkansas, to proceed on temporary change of station from
Fort Polk, Louisiana to Kuwait/CENTCOM AOR and return to Fort Hood, Texas,
effective on or about 28 February 2004.  Annex A and Annex B of that order
listed the personnel involved.  Those annexes are not available to the
Board.

4.  On 31 August 2004 the Commander, 39th Brigade Combat Team at Camp Cooke
in Iraq, ordered that the applicant be discharged from the Army for
hardship.  On that same date he was authorized to depart the CENTCOM AOR
for release from active duty, and was released to travel to Fort Hood for
necessary out processing and return to the control of the Arkansas Army
National Guard.

5.  The applicant was released from active duty on 24 September 2004 and
transferred to his National Guard unit.  He had 11 months and 13 days of
service (item 12c of DD Form 214), 9 months and 14 days of prior active
service, and    12 years, 6 months, and 3 days of prior inactive service.
His DD Form 214 also shows that he had 1 year, 5 months, and 11 days of
foreign service (item 12f) during his current period of active duty. The
remarks section of that form shows that he served in Iraq from 24 March
2003 to 4 September 2004.

6.  Army Regulation 635-5 provides instructions for the preparation of
          DD Form 214 and states in pertinent part that the amount of
foreign service completed during the period covered by the DD Form 214
(item 12c) will be entered on that form in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  As late as 12 October 2003 the applicant was assigned to Camp Robinson,
Arkansas, his unit’s home station, with a reporting date to his
mobilization station of 29 October 2003.  His DD Form 214 shows that he
entered on active duty on 12 October 2003.  Consequently, he could not have
been in Iraq on 24 March 2003 as indicated in the remarks section of his 24
September 2004                   DD Form 214.

2.  Orders published by the 7th Infantry Division reflect that the 39th
Brigade Combat Team was directed to proceed to Kuwait/CENTCOM AOR on or
about 28 February 2004.  The applicant was assigned to that organization in
Iraq, and there is no reason to believe that he was not assigned to that
combat team when the orders were published by the 7th Infantry Division in
March 2004.

3.  There is no conclusive evidence to show the applicant’s period of
service in Kuwait or Iraq, other than that shown on his DD Form 214.  As
indicated above, however, the information shown on that form that he served
in Iraq beginning on 24 March 2003 is erroneous, and is probably a year
off, as the applicant contends.  The applicant’s contention that he served
in Kuwait/Iraq from             23 March 2004 to 4 September 2004 (the
latter date is as on his DD Form 214) is believed to be valid.  There is no
reason to disbelieve the information he provides.

4.  Consequently, item 18 (Remarks) of his 24 September 2004 DD Form 214
should be corrected to show that he served in Kuwait/Iraq from 23 March
2004 to 4 September 2004, a total of 5 months and 12 days, vice the dates
shown.

5.  Therefore, item 12f of his DD Form 214 should be corrected to show his
foreign service 5 months and 12 days, vice the amount shown.

6.  The foreign service that the applicant completed during his first
period of active duty is adequately reflected on his 17 September 1980 DD
Form 214.  The regulation is specific.  It does not authorize foreign
service credit from a previous tour of active duty to be carried forward to
a new period of active duty on the     DD Form 214.  Thus, his request to
do so is denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JA___  ___KW__  __JS  ___  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 showing in item 18 (Remarks) of his 24 September
2004 DD Form 214 that he served in Kuwait/Iraq from 23 March 2004 to 4
September 2004 and by showing in item 12f of that form the amount of his
foreign service as 5 months                and 12 days.

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
including his previous foreign service time on his 24 September 2004 DD
Form 214.




                                  ____ James Anderholm_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009288                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050714                                |
|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.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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