RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            2 December 2004
      DOCKET NUMBER:   AR2004103821


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |MR. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Thomas E., O’Shaughnessy      |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 Item 12f (Foreign Service) of
his separation document (DD Form 214) be corrected to reflect his service
in Kuwait in support of Operation Enduring Freedom from November 2001
through April 2002.

2.  The applicant states, in effect, that he served in Kuwait as a member
of Task Force Blackjack in support of Operation Enduring Freedom between
November 2001 and April 2002.

3.  The applicant provides copies of various awards and training documents
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 17 June 1998.  He was trained and served in military
occupational specialty (MOS) 13M (MLRS Crewmember) and the highest rank he
attained while serving on active duty was specialist (SPC).

2.  The applicant’s Enlisted Records Brief (ERB) indicates he was assigned
to the 1st Cavalry Division, Fort Hood, Texas and arrived there for duty on
19 May 2001.  Section D (Overseas Service) of the ERB and Item 5 (Overseas
Service) of his Personnel Qualification Record (DA Form 2-1) are both blank
and indicate no foreign service completed.  Section E of the ERB (Awards
and Decorations) is blank and Item 9 (Awards, Decorations and Campaigns) of
the DA Form 2-1 lists the Army Service Ribbon.  No other awards are
documented in these records or by orders or other documents on file in the
applicant’s Official Military Personnel File (OMPF).

3.  On 16 April 2003, the applicant was honorably separated at the
completion of his required active service.  The separation document (DD
Form 214) he was issued at the time indicates he completed a total of 4
years and 10 months of active military service.  Item 12f and Item 18
(Remarks) contain no entries indicating the applicant completed any foreign
service during his active duty tenure.
4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows that during his
active duty tenure, he earned the Army Lapel Button, National Defense
Service Medal and Army Service Ribbon.  The applicant authenticated his
separation document with his signature in Item 21 (Signature of Person
Being Separated) on the day he was released from active duty, 16 April
2003.

5.  The applicant provides a copy of a DA Form 638 (Award Recommendation)
that indicates he was awarded the Army Achievement Medal (AAM) 1st Oak Leaf
Cluster, for meritorious achievement while deployed in Operation Enduring
Freedom from 14 November 2001 through 4 April 2002.  This document
indicates the award was first recommended on 14 February 2002.  It also
indicates the applicant’s previous awards included the Army Commendation
Medal and AAM. Further, it shows the award was approved on 24 February 2002
and announced in Orders Number 008-039.  However, the award certificate the
applicant provides for this award indicates Orders Number 008-039 were
published on
8 January 2002, prior to the date his award was first recommended.

6.  The applicant also provides two award certificates that indicate he
received the AAM on two other occasions.  The first, for exceptional
service between
10 August and 13 September 2001 and the second, for superior performance in
June 2002.  Both awards were approved by the commander 3rd Battalion, 82nd
Field Artillery.

7.  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 item-by-item instructions for completing the DD
Form 214.  It states, in pertinent part, that the information entered on
the DD Form 214 will be taken from ERB, separation approval authority
documentation, if applicable, separation orders and any other document
authorized for filing in the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to show
his foreign service in Kuwait in support of Operation Enduring Freedom and
the supporting documents he provided were carefully considered.  However,
absent some evidence of record to corroborate the information provided by
the applicant, there is insufficient evidence to support his claim.

2.  The award recommendation provided by the applicant, which he contends
supports his claim of overseas service in support of Operation Enduring
Freedom contains inconsistent information and is not corroborated by any
evidence of record.  This document and the accompanying certificate he
provides, indicate he previously earned the ARCOM and that this award
recommendation was initiated on 14 February 2002.  These documents further
show that the approval authority signed the document approving the award on
24 February 2002 and that the award was announced in Orders Number 008-039.


3.  However, the award certificate provided by the applicant indicates
Orders Number 008-039 were published on 8 January 2002, which was more than
a month prior to the award first being recommended and a month and a half
before the award was approved.

4.  Further, the applicant’s separation document does not indicate any
foreign service in Item 12f or Item 18, and Item 13 does not include any of
the awards the applicant now claims he earned.  The applicant authenticated
this document with his signature on the date of his separation, thereby
verifying that the information it contained, to include the foreign service
and awards entries, were correct at the time the DD Form 214 was prepared
and issued.

5.  In view of the inconsistencies in the information contained in the
award documents provided by the applicant and the absence of any evidence
of record to corroborate his claim, and given he authenticated his
separation document, which indicated no foreign service, there is an
insufficient evidentiary basis to support granting the requested relief at
this time.

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

__RJW__  __LVB___  __TEO__  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.




            ____Raymond J. Wagner   _
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103821                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/04/16                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.1000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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