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ARMY | BCMR | CY2005 | 20050004477C070206
Original file (20050004477C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050004477


      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:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Mr. Robert Rogers                 |     |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 22 April 2002
to show his foreign service in Kosovo.  He also requests correction of his
DD Form 214 for the period ending 12 January 2005 to show his foreign
service in Iraq and to show his prior active military service.

2.  The applicant states, in effect, that his foreign service in Kosovo and
Iraq is not reflected on his separation documents.

3.  The applicant provides three DD Forms 214; his reassignment orders for
deployment to Kosovo; and his active duty orders for duty in Iraq.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 April 1999 for a
period of three years.  He completed the required training and was awarded
military occupational specialty 77F (Petroleum Supply Specialist).

2.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell
Orders 121-718 dated 1 May 2001 reassigned and deployed the applicant as a
part of his unit to Kosovo in support of Operation Joint Guardian with a
will proceed date of on or about 9 May 2001.  Headquarters, 101st Airborne
Division (Air Assault) and Fort Campbell Orders 211-00716 dated 30 July
2001 amended the will proceed date from on or about 22 July 2001 to on or
about 2 August 2001.  His military pay records at the Defense Finance and
Accounting Service (DFAS) indicate he received hostile fire pay from 1
August 2001 to 30 November 2001.

3.  The applicant was honorably released from active duty on 22 April 2002
and was transferred to a Reserve unit.

4.  The applicant was issued a DD Form 214 for the period ending 22 April
2002 which shows he completed 3 years active military service during the
period covered by the report.  This discharge document does not reflect any
foreign service in item 12f (Foreign Service) or item 18 (Remarks).

5.  The applicant enlisted in the Army National Guard on 23 April 2002.  He
was ordered to active duty on 3 March 2003.  He was released from active
duty on 30 September 2003 at the completion of his Active Duty for Special
Work (ADSW) Tour.

6.  The applicant was issued a DD Form 214 for the period ending 30
September 2003 which shows he completed 6 months and 28 days of active
military service and 3 years total prior active service.

7.  State of North Carolina, Office of The Adjutant General, Raleigh, North
Carolina Orders 018-032 dated 3 February 2004 ordered the applicant to
active duty on 19 February 2004 in support of Iraqi Freedom.  His military
pay records at DFAS indicate he received hostile fire pay from 17 March
2004 to 11 May 2004.

8.  The applicant was released from active duty and discharged from the
Army National Guard on 12 January 2005.

9.  The applicant was issued a DD Form 214 for the period ending 12 January
2005 which shows he completed 10 months and 24 days total active military
service during the period covered by the report.  Item 12d does not reflect
any days of prior active service.

10.  His DD Form 214 for the period ending 12 January 2005 does not reflect
any foreign service in item 12f.  This discharge document shows the entry
"ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM" in item 18.

11.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  The regulation states, in
pertinent part, that the country and dates of deployment for an active duty
Soldier deployed with his or her unit during their continuous period of
active service will be shown in item 18.

12.  Army Regulation 635-5 (Separation Documents) directs that foreign
service performed during the period covered by the DD Form 214 will be
entered in item 12f (Foreign Service).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Kosovo in support
of Operation Joint Guardian and his pay records at the DFAS show he
received hostile fire pay from 1 August 2001 to 30 November 2001.
Therefore, it would be appropriate to amend item 12f on his DD Form 214 for
the period ending 22 April 2002 to show the entry "0000 04 00."  In
addition, item 18 on his DD Form 214 for the period ending 22 April 2002
should be amended to show the entry "SERVICE IN KOSOVO FROM 1 AUGUST 2001
TO 30 NOVEMBER 2001."

2.  The evidence of record shows the applicant was ordered to active duty
in support of Operation Iraqi Freedom and his pay records at DFAS show he
received hostile fire pay from 17 March 2004 to 11 May 2004.  Therefore, it
would be appropriate to amend item 12f on his DD Form 214 for the period
ending 12 January 2005 to show the entry "0000 01 25."  In addition, item
18 on his DD Form 214 for the period ending 12 January 2005 should be
amended to show the entry "SERVICE IN IRAQ FROM 17 MARCH 2004 TO 11 MAY
2004."

3.  The applicant was issued a DD Form 214 for the period ending 22 April
2002 which reflects 3 years total active service for this period.  He was
also issued a DD Form 214 for the period ending 30 September 2003 which
reflects 6 months and 28 days total active service for this period.

4.  Calculations show the applicant completed 3 years, 6 months and 28 days
total prior active service as of 12 January 2005.  However, his DD Form 214
for the period ending 12 January 2005 does not reflect any prior active
service.  Therefore, it would be appropriate to amend item 12d on his DD
Form 214 for the period ending 12 January 2005 to show 3 years, 6 months
and 28 days total prior active service.

BOARD VOTE:

BE______  HF______  RR______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by amending item 12f on his DD Form 214 for the period ending
22 April 2002 to show the entry "0000 04 00;"


      b.  by adding the entry "SERVICE IN KOSOVO FROM 1 AUGUST 2001 TO
30 NOVEMBER 2001" to item 18 on his DD Form 214 for the period ending 22
April 2002;


      c.  by amending item 12f on his DD Form 214 for the period ending
12 January 2005 to show the entry "0000 01 25;"

      d.  by adding the entry "SERVICE IN IRAQ FROM 17 MARCH 2004 TO 11 MAY
2004" to item 18 on his DD Form 214 for the period ending 12 January 2005;
and

      e.  by amending item 12d on his DD Form 214 for the period ending
12 January 2005 to show the entry "0003 06 28."




                                  Barbara Ellis_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004477                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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