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ARMY | BCMR | CY2007 | 20070001741C071029
Original file (20070001741C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 July 2007
      DOCKET NUMBER:  AR20070001741


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Thomas M. Pay                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 one application, in effect, that item 12f
(Foreign Service) of his DD Form 214 (Certificate of Release or Discharge
from Active Duty) for the period ending 3 April 2005 be corrected to show
he completed        1 year, 1 month, and 4 days of foreign service.

2.  The applicant requests, in a second application, in effect, that item
12f of his DD Form 214 for the period ending 18 September 2006 be corrected
to show he completed 1 year, 10 months, and 16 days of foreign service.

3.  The applicant states that his overseas service is not recorded on his
DD Forms 214 for the periods ending 3 April 2005 and 18 September 2006.

4.  The applicant provides his DD Form 214 for the period ending 3 April
2005; unit action orders, dated 30 January 2004, with a by-name Annex A;
active duty orders, dated 30 November 2003; release from active duty
orders, dated 3 March 2005; a DA Form 200 (Transmittal Record); and a
memorandum from his unit commander, dated 26 January 2006.

5.  The applicant also provides his DD Form 214 for the period ending
        18 September 2006; active duty orders, dated 19 July 2005;
reassignment orders, dated 26 July 2005; active duty orders, dated 31
August 2005; unit action orders, dated 8 November 2005, with a by-name
passenger manifest; active duty orders, dated 10 March 2006; release from
active duty orders, dated 25 August 2006; and a memorandum from his unit
commander, dated 26 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant enlisted in the U. S. Army Reserve on 23 January 1997.

3.  The applicant entered active duty in support of Operation Iraqi Freedom
on    7 December 2003.  His DD Form 214 for the period ending 3 April 2005
shows he served in Kuwait/Iraq from 9 February 2004 through 26 February
2005 (1 year and 18 days).  He was released from active duty on 3 April
2005.  Item 12f of his DD Form 214 for this period does not show he served
any foreign service.

4.  Orders dated 19 July 2005 ordered the applicant to active duty with his
unit for 545 days in support of Operation Iraqi Freedom.  He entered active
duty on
23 August 2005.  Deployment orders dated 8 November 2005 show his unit was
to proceed to Kuwait/Iraq on or about 10 November 2005.  His DD Form 214
for the period ending 18 September 2006 shows he arrived in Kuwait/Iraq on
        12 November 2005.

5.  Orders dated 10 March 2006 ordered the applicant to active duty with a
report date of 26 April 2006 and an end date of 19 February 2007; however,
the applicant was already in Iraq at the time they were issued.

6.  Orders dated 25 August 2006 released the applicant from active duty
effective 18 September 2006.  His DD Form 214 for the period ending 18
September 2006 shows he served in Kuwait/Iraq from 12 November 2005 through
23 August 2006 (9 months and 12 days).  Item 12f of his DD Form 214 for
this period shows he served 9 months and 12 days of foreign service.

7.  On 24 July 2007, the applicant informed the Board analyst that his DD
Form 214 for the period ending 18 September 2006 is not correct in that it
does not reflect the active duty he served while he was on leave after 18
September 2006. However, he did not indicate when he was released from
active duty or provide any evidence (such as leave and earnings statements
or amended orders) to show when he was actually released from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant served in
Kuwait/Iraq from 9 February 2004 through 26 February 2005, a period of 1
year and            18 days, rather than 1 year, 1 month, and 4 days.  Item
12f of his DD Form 214 for the period ending 3 April 2005 does not show he
served any foreign service.  Item 12f should be corrected to show he served
1 year and 18 days of foreign service.

2.  The preponderance of the available evidence of record shows the
applicant also served in Kuwait/Iraq from 12 November 2005 through 23
August 2006, a period of 9 months and 12 days, rather than 1 year, 10
months, and 16 days.  Item 12f of his DD Form 214 for the period ending 18
September 2006 already shows he served 9 months and 12 days of foreign
service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jrm___  __tmr___  __jcr___  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 amending item 12f of his DD Form 214 for the
period ending 3 April 2005 to show he served 1 year and 18 days of foreign
service.

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
correcting his DD Form      214 for the period ending 3 April 2005 to show
he served 1 year, 1 month, and     4 days of foreign service or correcting
his DD Form 214 for the period ending    18 September 2006 to show he
completed 1 year, 10 months, and 16 days of foreign service.




                                  _Jeanette R. McCants__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001741                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070731                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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