RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050004055


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 an entry about having served
hazardous duty or in imminent danger be added to the remarks section of his
discharge document.

2.  In support of his application the applicant provides a copy of
Headquarters, 7th Infantry Division (Light) and Fort Carson, Fort Carson,
Colorado, Permanent Orders 021-28, dated 21 January 2003, and his DD Form
214 (Certificate of Release or Discharge from Active Duty), dated 3 January
2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he initially enlisted in the Regular Army
and entered active duty on 15 October 1980.  He was trained in and served
in military occupational specialty (MOS) 11B (Infantryman) and the highest
rank he attained while serving on active duty was specialist four/pay grade
E-4.  He was honorably discharged from the U.S. Army on 2 October 1984
after serving on active duty for 3 years, 11 months, and 18 days.

2.  The applicant's record shows that he reentered the Regular Army on 9
April 2002, completed the Drivers Training Program and Hazardous Material
Qualification Course, and performed duties in MOS 88M (Motor Transport
Operator).  The applicant's military service record also shows that he was
assigned to the 2nd Heavy Truck Company and served in support of Operation
Iraqi Freedom from 1 April 2003 through 1 August 2003.  He served honorably
and received temporary disability retirement from the U.S. Army on 3
January 2005 after serving on active duty for 2 years, 8 months, and 25
days.

3.  The applicant provides a copy of his unit deployment orders and DD Form
214 in support of his application.  The applicant's unit deployment orders
direct "Attachment and temporary change of station to Kuwait or Turkey in
support of the Commander, United States Central Command" and the Additional
Instructions of the Permanent Orders show, in pertinent part, that
"Soldiers are authorized Combat Zone/Imminent Danger Pay (IDP)".  Item 18
of the applicant's DD Form 214 shows, in pertinent part, that he served in
support of Operation Iraqi Freedom (Iraq) from 1 April 2003 to 1 August
2003.

4.  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, or any other document authorized for
filing in the OMPF.

5.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
completing Item 18 (Remarks) state, in pertinent part, for an active duty
Soldier deployed with his or her unit during their continuous period of
active service enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED)
FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)".  This document is
absent any regulatory requirement or instructions to include an entry in
Item 18 regarding hazardous duty or imminent danger.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request and the supporting documentation he submitted
were carefully considered.  However, this documentary evidence does not
support adding an entry in Item 18 of his discharge document that shows
"hazardous duty or imminent danger" while serving is support of Operation
Iraqi Freedom.

2.  The evidence of record shows 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,
to include the entry in Item 18, was correct at the time the document was
prepared and issued.

3.  The evidence of record also shows that Item 18 of the applicant's DD
Form 214 does, in fact, correctly document his service in support of
Operation Iraqi Freedom.  Further, there is no regulatory requirement to
include an entry indicating "hazardous duty or imminent danger" in Item 18
of the DD Form 214.  Therefore, there is insufficient documentary evidence
to support a change to the applicant's DD Form 214 in this case.

4.  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

__RTD __  __JBG __  __SWF__  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.




                                  ___RICHARD T. DUNBAR___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004055                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050103                                |
|DISCHARGE AUTHORITY     |AR 635-40, Paragraph 4-24B(2)           |
|DISCHARGE REASON        |Temporary Disability Retirement         |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]