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ARMY | BCMR | CY2005 | 20050006491C070206
Original file (20050006491C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050006491


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Larry Olson                   |     |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 dates of service in Iraq
and Kuwait be corrected in item 18 (Remarks) on his DD Form 214
(Certificate of Release or Discharge from Active Duty) to show 12 April
2003 to 13 April 2004.

2.  The applicant states he served in Iraq and Kuwait from 12 April 2003 to

13 April 2004.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 4 October 2001 and trained as a
cannon crewmember.  Records at the Defense Finance and Accounting Service
(DFAS) show the applicant served in Kuwait and Iraq from 13 April 2003
through
25 March 2004 and he received hostile fire/imminent danger pay from 1 April
2003 through 31 March 2004.  On 3 October 2004, the applicant was released
from active duty.

2.  Item 18 on the applicant’s DD Form 214 shows the entry, "SERVICE MEMBER
RECEIVED EMMINENT (sic) DANGER PAY FOR SERVICE IN KUWAIT AND IRAQ FROM
20030412 TO 20030413."

3.  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 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

Although the applicant contends that he served in Kuwait and Iraq from 12
April 2003 to 13 April 2004, records at DFAS show he served in Kuwait and
Iraq from 13 April 2003 through 25 March 2004.  Therefore, item 18 on his
DD Form 214 should be corrected to show these dates of service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS_____  PM_____  LO______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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

      a.  deleting the entry, "SERVICE MEMBER RECEIVED EMMINENT DANGER PAY
FOR SERVICE IN KUWAIT AND IRAQ FROM 20030412 TO 20030413" in item 18 on his
DD Form 214; and

      b.  adding the entry, "SERVICE IN KUWAIT AND IRAQ FROM 20030413 TO
20040325” in item 18 on his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending item 18 on his DD Form 214 to show he served in Kuwait and Iraq
from 12 April 2003 to 13 April 2004.



            __John Slone__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006491                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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