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ARMY | BCMR | CY2005 | 20050006061C070206
Original file (20050006061C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050006061


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show his foreign
service in Iraq and to update his time in service to show the correct
amount of retirement points earned.

2.  The applicant states, in effect, he served in Iraq which is not shown
on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a Detail Point
Listing for Previous Retirement Year; a 463d Engineer Battalion memorandum,
dated 8 April 2005; a Chronological Statement of Retirement Points, dated 8
April 2005; Headquarters XVIII Airborne Corps and Fort Bragg Permanent
Orders 336-001, dated 1 December 2004; an Annex to Headquarters XVIII
Airborne Corps and Fort Bragg Permanent Orders 336-001; Headquarters 1st
Personnel Command Orders 049-004, dated 18 February 2005; a copy of Travel
Voucher Number 393562, dated 5 August 2005; and nine Defense Finance and
Accounting Service Military Leave and Earning Statements.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted in the Army National Guard on
23 February 1983.  The applicant was honorably separated from the Army
National Guard on 7 August 1995.  On 8 August 1995, the applicant enlisted
in the Army Reserve for a period of 3 years.  The applicant continued to
serve in the Army Reserve through a series of reenlistments.  On 8 October
2004, while assigned to 463d Engineer Battalion in Wheeling, West Virginia,
the applicant was ordered to active duty.  He was honorably released from
active duty on 22 April 2005 for completion of required active service.

2.  The applicant has requested correction of his retirement points.  The
applicant has not exhausted his administrative relief in this matter.  The
applicant has been notified by separate correspondence to request
correction of his records to his Unit Administrator.  As a result, this
matter will not be discussed further in this Record of Proceedings.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the
following entry "00 years, 00 months, 00 days."  Item 18 (Remarks) of this
form contains the following entries "Individual Completed Period for Which
Ordered to Active Duty for Purpose of Post Service Benefits and
Entitlements//Ordered to Active Duty in Support of Operation Iraqi Freedom
IAW 10 USC 12302."
4.  The applicant submitted Headquarters, XVIII Airborne Corps and Fort
Bragg Permanent Orders 336-001, dated 1 December 2004, ordering the
applicant's unit, the 463rd Engineer Battalion, to active duty for
deployment in support of Contingency Operation Iraqi Freedom and return.
These orders assigned the unit to CENTCOM [US Central Command] in Iraq,
effective on or about 3 December 2004.

5.  The applicant submitted a partial copy of the Annex to Permanent Orders
336-001 which lists the names of individuals from the 463rd Engineer
Battalion who are being deployed to Iraq.  The applicant's name is shown on
this list.

6.  The applicant submitted Headquarters, 1st Personnel Command Orders 049-
004, dated 18 February 2005, which reassigned the applicant to Womack Army
Community Hospital at Fort Bragg, North Carolina, for the purpose of
further medical care.  These orders also show the applicant will proceed on
or about 18 February 2005 to his new duty station.

7.  The applicant submitted a Headquarters Service Company, 463d Engineer
Battalion memorandum, dated 8 April 2005, which verified that the applicant
was deployed to Iraq for the period 1 December 2004 through 15 February
2005.  The memorandum also states the applicant's DD Form 214 does not show
this information.

8.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

9.  Paragraph 2-4 of Army Regulation 635-5 indicates that item 12f (Foreign
Service) of the DD Form 214 would show the total amount of foreign service
completed during the period covered in block 12c (Net Active Service This
Period), which will be taken from the Soldier's Enlisted Record Brief or
Officer Record Brief.

10.  Paragraph 2-4 of Army Regulation 635-5 also indicates that a Reserve
Soldier ordered to active duty and deployed to a foreign country, the
following three statements, in succession, will be entered in item 18
(Remarks) of the DD Form 214:

      1) “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC
(applicable section).”
      2) “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD -YYYYMMDD).”

      3) “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR
PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
his service in Iraq.

2.  Evidence clearly shows the applicant was ordered to active duty in
support of Operation Iraqi Freedom and was deployed to Iraq for the period
1 December 2004 through 18 February 2005.  Therefore, the applicant is
entitled to correction of his DD Form 214 to show this Foreign Service.

BOARD VOTE:

_MKP____  __LDS__  __MJF__  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 by:



      a) correcting item 12f of the DD Form 214 to show his total foreign
service as "00 years, 02 months, 18 days"; and


      b) by adding the following entry in item 18 of the DD Form 214,
"SERVICE IN IRAQ FROM 20041201–20050218."



                                     __Margaret K. Patterson___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006061                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  189  |110.0000/DD Form214                     |
|2.  233                 |113.0000/Foreign svc                    |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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