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ARMY | BCMR | CY2004 | 20040009657C070208
Original file (20040009657C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 July 2005
      DOCKET NUMBER:  AR20040009657


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborne             |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 19 March 2004
to show his deployment to Kuwait from 22 May 2003 to 6 June 2003.  He also
requests that his total prior active service be corrected.

2.  The applicant states that his DD Form 214 shows 5 years active duty
service, but this is incorrect.  He states he served 5 years in the
Reserves and there were errors when completing his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending
19 March 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 18 February 1998 for
a period of eight years.

2.  He was ordered to active duty for training (ADT) on 21 May 1998 and was
released from ADT on 25 September 1998.  His DD Form 214 for the period
ending 25 September 1998 shows he completed 4 months and 5 days total
active service during this period and 3 months and 3 days total prior
inactive service.  He was transferred back to his Reserve unit.

3.  Department of the Army 389th Engineer Battalion, Company B Combat Heavy
Orders M-073-0064 dated 14 March 2003 ordered the applicant to active duty
on 15 March 2003 for the purpose of mobilization for Operation Enduring
Freedom.

4.  The applicant's Master Military Pay Account (MMPA) history from the
Defense Finance and Accounting Service (DFAS) shows he was authorized
hostile fire pay from May 2003 to June 2003.  However, the pay records do
not reflect the specific foreign duty pay area.

5.  The applicant was released from active duty on 19 March 2004 and was
transferred back to his Reserve unit.  His DD Form 214 for the period
ending 19 March 2004 shows he completed 1 year and 5 days total active
service during this period.





6.  Item 12d on his DD Form 214 for the period ending 19 March 2004 shows
he completed 5 years and 27 days total prior active service.

7.  Item 12e on his DD Form 214 for the period ending 19 March 2004 does
not show any total prior inactive service.

8.  Item 12f on his DD Form 214 for the period ending 19 March 2004 does
not show any foreign service.

9.  Item 18 (Remarks) on his DD Form 214 for the period ending 19 March
2004 shows the entries "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION
ENDURING FREEDOM" and "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO
ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENIEFITS AND ENTITLEMENTS."  His
period of service in Kuwait is not shown.

10.  The applicant is currently serving in the Reserve in the rank of
specialist.

11.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  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.  In pertinent part it directed that
the Soldier's total amount of prior active military service less lost time
will be entered in item 12(d), the Soldier's total prior inactive service
will be entered in item 12(e), and the total amount of foreign service will
be entered in item 12(f).

12.  Army Regulation 635-5 directs that for a Reserve soldier ordered to
active duty and deployed to a foreign country, the period of active service
will be reported in item 18 (Remarks) of the DD Form 214 with the
statements:

      (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC
(applicable section);"


      (2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD – YYYYMMDD);"


      (3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR
PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the U.S. Army Reserve on 18 February 1998.
While in the U.S. Army Reserve, he was ordered to ADT from 21 May 1998 to
25 September 1998, which is a period of 4 months and 5 days active military
service.  His DD Form 214 for the period ending 25 September 1998 reflects
3 months and 3 days total prior inactive service.  He may have performed
additional active duty prior to his March 2003 mobilization.

2.  The evidence of record shows the applicant was ordered to active duty
on 15 March 2003 in support of Operation Enduring Freedom.

3.  His pay records at DFAS confirm that he was authorized hostile fire pay
during the period May 2003 to June 2003.  Based on the applicant's request,
it would be appropriate to amend item 18 on his DD Form 214 for the period
ending 19 March 2004 to show his deployment to Kuwait from on or about
22 May 2003 to on or about 6 June 2003, as an exception to policy.  (Since
the exact dates of deployment cannot be determined)

4.  Although the applicant completed 4 months and 5 days and possibly more
total prior active service, his DD Form 214 for the period ending 19 March
2004 incorrectly reflects 5 years and 27 days total prior active service in
item 12d.  Therefore, it would be appropriate to recalculate the
applicant's service to determine his total prior active service and his
total prior inactive service as of his DD Form 214 for the period ending 19
March 2004.

5.  Based on the correction in paragraph 3, above, item 12f on the
applicant's DD Form 214 for the period ending 19 March 2004 should be
corrected to show he completed 15 days of foreign service.

BOARD VOTE:

RJO____  JI______  BK ______  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that the DD Form 214 for the period ending 19 March 2004 of the individual
concerned be corrected:

      a.  by amending item 18 to add the entry "SERVICE IN KUWAIT FROM
20030522 – 20030606;" and

      b.  by amending item 12f to show the entry "00 Years 00 Months
15 Days."

2.  The U.S. Army Human Resources Command (HRC) – St. Louis should
recalculate his active duty service to definitely determine his total prior
active service and his total prior inactive service as of his DD Form 214
for the period ending 19 March 2004.  This DD Form 214 should then be
amended to show he completed the appropriate total prior active service and
total prior inactive service as determined by HRC – St. Louis.




                                  John Infante_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009657                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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