RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 JANUARY 2006
DOCKET NUMBER: AR20050005138
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. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Ms. Shirley Powell | |Chairperson |
| |Mr. Chester Damian | |Member |
| |Ms. Karmin Jenkins | |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 that his August 2003 separation document be
corrected to show that he was deployed to Iraq between 20 February 2003 and
6 June 2003.
2. The applicant states that he was deployed with the 1092nd Engineer
Battalion to Kuwait and Iraq between 6 April 2003 and 20 August 2003.
3. The applicant provides a copy of orders calling him to active duty in
support of Operation Enduring Freedom and a copy of orders noting that the
1092nd Engineer Battalion was being deployed in support of that operation.
He also submits a copy of his separation document.
CONSIDERATION OF EVIDENCE:
1. Documents available to the Board, which were provided by the applicant,
indicate he was a member of the 1092nd Engineer Battalion in February 2003
when orders were published by the West Virginia Adjutant General's
Department ordering him to active duty effective 3 February 2003, in
support of Operation Enduring Freedom, for a period not to exceed 730 days.
His Mobilization Station was designated as Fort Bragg, North Carolina.
2. Orders issued at Fort Bragg on 4 April 2003 announced the deployment of
the 1092nd Engineer Battalion in support of Operation Enduring Freedom for
a period not to exceed 365 days. The deployment date was announced as 6
April 2003. The order noted that a "unit roster" was attached to the
deployment order. The unit roster was not included as part of the documents
provided by the applicant in support of his request.
3. The sole document contained in the applicant's Official Military
Personnel File available to the Board was an order dated 5 August 2003
which reassigned the applicant from the 1092nd Engineer Battalion to the
2125th GSU (Garrison Support Unit) at Fort Bragg effective 5 August 2003
because he was pending a hardship discharge.
4. On 20 August 2003 the applicant was released from active duty. His
separation document notes he was released for completion of required active
service.
DISCUSSION AND CONCLUSIONS:
1. While the applicant may have been ordered to active duty in support of
Operation Enduring Freedom and his parent organization actually deployed to
the overseas theater of operations, there is no evidence that the applicant
actually deployed with the unit.
2. The evidence which is available suggests that the applicant remained at
Fort Bragg and was discharged without having been deployed overseas. The
fact that he was reassigned effective 5 August 2003 to another organization
pending a hardship discharge when he indicated he was deployed overseas
until 20 August 2003, the date of his discharge, supports this conclusion.
3. In the absence of more compelling evidence that the applicant did in
fact deploy overseas to Kuwait and/or Iraq there is no basis for correcting
his record.
4. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__SP ___ __CD___ ___KJ___ 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.
_____Shirley Powell________
CHAIRPERSON
INDEX
|CASE ID |AR20050005138 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060118 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION | DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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