RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20040011763


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. 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, in effect, that his separation document (DD
Form 214) be corrected by showing that he deployed and participated in
Operation Iraqi Freedom, from 12 March 2003 through 30 August 2003.

2.  The applicant states, in effect, that his Veterans Administration (VA)
benefits will be affected by the absence of this information on his DD Form
214.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty); Headquarters, 93rd Medical
Battalion (DS), CMR 442, Orders # 361-4, dated 27 December 2002;
Headquarters, 93rd Medical Battalion (DS), CMR 442, Attachment Order # 36-
01, dated 5 January 2003; and Headquarters, V Corps, Unit 28356, Order # 53-
07, dated 22 February 2003; in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 1 November 2001.  He was trained and served in
military occupational specialty (MOS) 91E (Dental Specialist) and the
highest rank he attained while serving on active duty was specialist
(SPC)/pay grade E-4.

2.  The applicant’s Official Military Personnel File (OMPF) does not
contain orders or other documents indicating the applicant was deployed in
support of Operation Iraqi Freedom, or any other overseas area.

3.  The applicant's DD Form 214, with an effective date of 31 October 2004,
shows the applicant was honorably separated, by reason of completion of
required active service, after completing 3 years of active military
service.  Item 12f (Record of Service - Foreign Service) indicates the
applicant completed
2 years, 11 months, and 15 days of overseas service while serving on active
duty.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) shows that he earned the following awards:  Army
Commendation Medal, National Defense Service Medal, Army Service Ribbon,
Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with
Rifle Bar, Drivers Badge, Army Lapel Button, Global War on Terrorism
Expeditionary Medal, and Global War on Terrorism Service Medal.  The
applicant authenticated this separation document with his signature in Item
21 (Signature of Member Being Separated).


4.  The applicant provides two orders which show he was attached to the
561st Medical Company, effective 27 December 2002.  He also provides a
temporary change of station order for personnel of the 561st Medical
Company (Dental) to move from Germany to U.S. Army Central Command Area of
Operations (Kuwait) in support of Operation Enduring Freedom and future
operations, effective on or about 15 - 20 March 2003.

5.  There are no orders or other documentation which shows when the
applicant redeployed from Kuwait to Germany.

6.  U.S. Army Human Resources Command Message (Date-Time-Group
17 March 2004) disseminated implementing instructions for award of the
Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad
for service in the Global War on Terrorism Operations on or after 11
September 2001 to a date to be determined.  To be eligible for this award a
Soldier must be mobilized with or assigned or attached to a unit
participating in designated operations for 30 consecutive days or for 60
nonconsecutive days in the areas of eligibility designated, or must meet
one of the following criteria: a)  be engaged in actual ground combat
against the enemy and under circumstances involving grave danger of death
or serious bodily injury from enemy action, regardless, of the time in the
area of eligibility; b) while participating in the designated operation,
regardless of time, is killed or wounded/injured requiring medical
evacuation from the area of eligibility, or c) participate as a regularly
assigned air crew member flying sorties for 30 consecutive days or 60
nonconsecutive days into, out of, within, or over the area of eligibility
in direct support of Operations Enduring Freedom and/or Iraqi Freedom.
Kuwait was designated as one of the areas of eligibility for award of the
Global War on Terrorism Expeditionary Medal for Soldiers who deployed
abroad in support of Operation Iraqi Freedom.  The message also states that
under no condition will any Soldier in the United States receive this
award.

7.  U.S. Army Human Resources Command Message (Date-Time-Group
17 March 2004) disseminated implementing instructions for award of the
Global War on Terrorism Service Medal.  This award is designated for
Soldiers who have participated in or served in support of Global War on
Terrorism Operations outside of the designated area of eligibility
determined for award of the Global War on Terrorism Expeditionary Medal on
or after 11 September 2001 to a date to be determined.  All Soldiers on
active duty, including Reserve Component Soldiers mobilized or National
Guard Soldiers activated on or after
11 September 2001 to a date to be determined, having served 30 consecutive
days or 60 nonconsecutive days, are authorized this award.

8.  Soldiers may receive both the Global War on Terrorism Expeditionary
Medal and the Global War on Terrorism Service Medal if they meet the
requirements of both awards; however, the same period of service
establishing one cannot be used to justify service eligibility for the
other.  Battalion commanders and commanders of separate units are
authorized to award the Global War on Terrorism Expeditionary Medal and the
Global War on Terrorism Service Medal to qualified personnel.  Permanent
orders are not required.

9.  Army Regulation 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 also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

10.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
completing Item 12f state to enter the total amount of foreign service
completed during the period covered by the DD Form 214, as taken from the
PQR/ERB/ORB.  The instructions for preparation of Item 18 (Remarks) state
that an entry will be made for an active duty Soldier deployed with his or
her unit during their continuous period of active service.  The entry will
contain the following statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED)
FROM (inclusive dates for example, YYYMMDD - YYYMMDD)".

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his overseas service in support of
Operation Iraqi Freedom should be added to his DD Form 214 and the
supporting documents he submitted were carefully considered.  However,
there is insufficient evidence provided in support of his claim to correct
his DD Form 214.

2.  Item 12f of the applicant's DD Form 214 shows the applicant's record of
foreign service during his period of service.  In addition, Item 13, shows
award of the Global War on Terrorism Expeditionary Medal, which documents
his service in support of Operation Iraqi Freedom.

3.  The evidence of record, which includes the applicant’s OMPF, contains
no orders or other documents that verify the date that the applicant
redeployed from Kuwait.  Therefore, Item 18 of the applicant's DD Form 214
cannot be corrected.
4.  The applicant authenticated the DD Form 214 with his signature on the
date of his separation.  In effect, this was his verification that the
information contained on the separation document, including Item 18, was
correct at the time the document was prepared and issued.  Absent
additional evidence of record corroborating the dates he served in
Operation Iraqi Freedom in Kuwait, there is an insufficient evidentiary
basis to provide the requested relief at this time.

5.  The applicant's DD From 214 (in total), which shows the applicant's
record of service, his awards and decorations, and special additional
information for use by authorized agencies, is considered by the VA as a
basis to determine the applicant's entitlement to VA benefits.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PMS__  ___YM __  __KGH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____    Paul M. Smith________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011763                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20041031                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Release From Active Duty                |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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