RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050015778


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William F. Crain              |     |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 item 18 (Remarks), of his
DD Form 214 (Certificate of Release or Discharge from Active Duty), be
corrected to show his service in Kuwait.

2.  The applicant states, in effect, that his DD Form 214 does not show his
service in Kuwait and that he was discharged for misconduct.

3.  The applicant provides a copy of his DD Form 214, a copy of his
deployment orders, a copy of his separation orders, a copy of his Enlisted
Record Brief (ERB), a copy of his DA Form 2-1 (Personnel Qualification
Record – Part II), and a copy of his award certificate for the Army
Commendation Medal (ARCOM), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he entered active duty (AD) on
18 September 2002, as a cannon crewmember.  He was advanced to pay grade E-
3 effective 18 September 2003.  He continued to serve until he was
discharged on 30 March 2004, in pay grade E-1, under the provisions of Army
Regulation 635-200, chapter 14, paragraph 14-12c(2), for misconduct.

2.  Item 18 (Remarks), of the applicant’s DD Form 214, does not show his
wartime service.

3.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel
Qualification Record - Part II) is blank.

4.  The applicant provides a copy of Headquarters, 3rd Infantry Division
(Mechanized) and Fort Stewart, Permanent Orders 9-2, dated 9 January 2003,
which shows that Headquarters, 3rd Infantry Division, and supporting
elements, were deployed to Kuwait in support of Operation Enduring Freedom,
on or about 20 January 2003, until completion of mission.

5.  The applicant's ERB shows that he was assigned to the 1st Battalion,
41st Field Artillery, Headquarters, 3rd Infantry Division, effective
11 February 2003.

6.  The applicant provides a copy of his award certificate for the ARCOM,
which shows that he was awarded the ARCOM for meritorious service during
Operation Enduring Freedom and Operation Iraqi Freedom as a member of the
1st Battalion, 41st Field Artillery, from 20 March to 1 May 2003.
7.  The applicant's leave and earning statements (LESs) are unavailable for
review to show that he was paid hostile fire pay or imminent danger pay
while deployed in support of Operation Enduring Freedom from about
20 January 2003 until his return to Fort Stewart, or the end of deployment,
approximately 1 May 2003.

8.  Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214.  In pertinent part, it directs that
foreign service performed during the period covered by the DD Form will be
entered in item
12f.  The regulation also states that the amount of foreign service will be
taken from the soldier's Enlisted Qualification Record or, if necessary,
verified from the soldier's Military Personnel Records Jacket.  However,
for active duty Soldiers deployed with their unit during their continuous
period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED)
from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in
item 18 (Remarks) of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant's unit was deployed in
support of Operation Enduring Freedom effective on or about 20 January 2003
until completion of mission.

2.  The evidence shows that the applicant was awarded the ARCOM for
meritorious service during Operation Enduring Freedom as a member of the
1st Battalion, 41st Field Artillery, from 20 March to 1 May 2003.

3.  The applicant's LESs were unavailable for review to show the effective
date he was paid hostile fire pay or imminent danger pay while deployed in
support of Operation Enduring Freedom from about 20 January 2003 until his
return to Fort Stewart, or the end of deployment, approximately 1 May 2003.


4.  Based on the applicant's ARCOM which was awarded for the period
20 March to 1 May 2003, he is entitled to correction of his DD Form 214 to
show his dates of service for deployment.  Therefore, he is entitled to
correction of item 18 of his DD Form 214 to show the entry "SERVICE IN
KUWAIT/FROM 20030320-20030501."





BOARD VOTE:

__T_____  _WDP___  __WFC _  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
showing that he is entitled to show the entry "SERVICE IN KUWAIT/FROM
20030320-20030501" in item 18 (Remarks) of his DD Form 214.




                                  _____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015778                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |20040330                                |
|DISCHARGE AUTHORITY     |AR 635-200, PARA 14-12C(2)              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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