RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 SEPTEMBER 2006
DOCKET NUMBER: AR20050015958
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. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Mr. William Crain | |Chairperson |
| |Mr. Jeffrey Redmann | |Member |
| |Mr. David Tucker | |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 Certificate of Release or Discharge
from Active Duty (DD Form 214) be corrected to show or state his overseas
service during Operation Iraqi Freedom from April 2003 until April 2004.
2. The applicant states that correcting his DD Form 214 will assist him in
completing his claim with the Department of Veterans Affairs.
3. The applicant provides in support of his application, a copy of his
driver’s license; a copy of temporary change of station orders dated 30
January 2003; a copy of amendment orders dated 27 March 2003; a copy of his
Leave and Earnings Statement; a copy of a certificate awarding him the Army
Commendation Medal; and a copy of the Recommendation for Award of the Army
Commendation Medal. He also submits a copy of a Travel Voucher or
Subvoucher (DD Form 1351-2) dated 5 April 2004; and a copy of a Memorandum
for Record from Headquarters and Headquarters Company, 16th Signal
Battalion, 3rd Signal Brigade, Fort Hood, Texas, dated 3 August 2006,
reflecting the dates that he was deployed to Kuwait/Iraq in support of
Operation Iraqi Freedom.
CONSIDERATION OF EVIDENCE:
1. On 15 October 1999, he enlisted in the United States Army Reserve in
Los Angeles, California, under the Delayed Entry Program, for 8 years, in
the pay grade of E-1. He enlisted in the Regular Army on 9 August 2001.
2. The available records show that Orders 030-02, published by
Headquarters, 4th Infantry Division, Fort Hood, dated 30 January 2003,
directed the applicant’s unit, the 16th Signal Battalion, to proceed on
temporary change of station to Kuwait/Iraq in support of Operation Iraqi
Freedom (OIF). The applicant was deployed to Iraq in support of OIF with
an effective date of 5 April 2003. The available records further show that
he arrived in Kuwait on 5 April 2003; that he left Kuwait and arrived in
Iraq on 28 April 03; that he left Iraq and returned to Kuwait on 8 March;
and that he returned to the Continental United States (Fort Hood), on 28
March 2004.
3. The applicant completed 4 years and 14 days of net active service this
period prior to being honorably discharged on 22 August 2005, by reason of
disability, with severance pay. The DD Form 214 that he was furnished at
the time of his discharge fails to show his foreign service.
4. Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214. It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicant's DD Form 214
which resulted in his foreign service being omitted.
2. The available records show that the applicant departed the Continental
United States on 5 April 2003 and did not returned to the United States
until 28 March 2004.
3. Deployment orders were published on 30 January 2003, and he was
deployed to Iraq in support of Operation Iraqi Freedom. The applicant had
11 months and 23 days of foreign service while he was in the Army and his
DD Form 214 should be amended to reflect his service in Iraq.
4. In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.
BOARD VOTE:
___WC _ ___JR __ ____DT _ 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
amending his DD Form 214 to show that he was deployed to Iraq in support of
Operation Iraqi Freedom from 5 April 2003 – 28 March 2004, and that he had
11 months and 23 days of foreign service.
______William Crain_____
CHAIRPERSON
INDEX
|CASE ID |AR20050015958 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060921 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |20050822 |
|DISCHARGE AUTHORITY |AR 635-40, Para 4-24B(3) |
|DISCHARGE REASON |DISABILITY SVERANCE PAY |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES 1. 189 |110.0000/DISCHARGE DOCUMENT |
|2. 303 |129.0100/SERVICE CREDIT |
|3. | |
|4. | |
|5. | |
|6. | |
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