RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 August 2006
DOCKET NUMBER: AR20060001338
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 |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard T. Dunbar | |Chairperson |
| |Mr. Dean A. Camarella | |Member |
| |Ms. Rea M. Nuppenau | |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
separation document (DD Form 214) be corrected by adding an entry that
confirms he served in a combat zone in support of Operation Iraqi Freedom.
2. The applicant states, in effect that he was deployed in support of
Operation Iraqi Freedom and served in Iraq from 12 February through 2 May
2003. He claims his unit commander attempted to correct this error by
submitting a memorandum on 12 March 2004.
3. The applicant provides a memorandum, dated 12 March 2004, in support of
his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 31 July 2002. He was trained in, awarded, and
served in military occupational specialty (MOS) 92F (Petroleum Supply
Specialist).
2. The applicant's record contains no orders, or other documents that
identify the specific country the applicant was deployed to in support of
Operation Iraqi Freedom.
3. On 12 March 2004, the applicant was separated under the provisions of
chapter 14, Army Regulation 635-200, by reason of misconduct, and he
received a general, under honorable conditions discharge. The DD Form 214
he was issued at the time confirms he completed a total of 1 year, 7
months, and
12 days of active military service. Item 12f shows he completed 3 months
and
10 days of overseas service. Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) shows that during his
active duty tenure, he earned the National Defense Service Medal and Army
Service Ribbon. Item 18 contains the entry "Service In Southwest Asia
20030212-20030521". The applicant authenticated this document with his
signature in
Item 21 (Signature of Member Being Separated).
4. The applicant provides a memorandum from his unit commander, dated
12 March 2004, which confirms he was deployed in support of Operation Iraqi
Freedom from 12 February through 21 May 2003. This memorandum does not
identify the specific country the applicant served in during his
deployment.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214, Chapter 2 contains DD Form 214 item-by-item preparation instructions.
The instructions for Item 18 stipulate, in pertinent part, that for active
duty Soldiers deployed with his or her unit during their continuous period
of active service, the following entry will be made in Item 18: "SERVICE
IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -
YYYYMMDD)". The regulation provides no provisions adding the name of the
Operation or that the deployed service was performed in a combat zone to
this Item 18 entry for active duty Soldiers.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 18 of his DD Form 214 should be
corrected to show he was deployed to a combat zone in support of Operation
Iraqi Freedom was carefully considered. However, there is insufficient
evidence to support this claim.
2. By regulation, the Item 18 entry for an active duty Soldier deployed
with his or her unit will include the name of the country to which the
member was deployed and the inclusive dates of service in that country.
3. In this case, Item 18 of the applicant's DD Form 214 contains the entry
"Service in Southwest Asia 20030212-20030521". The specific country to
which the applicant was deployed is not identified in his record, or in the
memorandum from his commander that he provides. Further, the regulation
provides no provisions for adding the name of the Operation, or that the
deployed service was in a combat zone to the Item 18 entry for active duty
Soldiers. Therefore, it appears the current entry accurately documents his
deployed service as recorded in his military record. As a result, there is
insufficient evidence to support granting the requested relief at this
time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___RTD _ __DAC __ __RMN__ 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.
_____Richard T. Dunbar______
CHAIRPERSON
INDEX
|CASE ID |AR20060001338 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2006/08/17 |
|TYPE OF DISCHARGE |GD |
|DATE OF DISCHARGE |2004/03/12 |
|DISCHARGE AUTHORITY |AR 635-200 C14 |
|DISCHARGE REASON |Misconduct |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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