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ARMY | BCMR | CY2007 | 20070006062C071108
Original file (20070006062C071108.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070006062


      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             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 block 12F of her DD Form 214 be
corrected to read foreign service, and block 18 be corrected to read dates
of service in Kuwait/Iraq.

2.  The applicant states, in effect, that block 12 should read 1 year, 0
months, and 0 days and block 18 should read service in Kuwait/Iraq 20040209-
20050208.

3.  The applicant provides a copy of her DD Form 214, Headquarters, 10th
Mountain Division (Light) and Fort Drum, Orders Number 030-706, dated
30 January 2004; Annex A to Orders 030-706, and a copy of her Non-
Commissioned Officer Evaluation Report (DD Form 2166-8).

CONSIDERATION OF EVIDENCE:

1.  Orders Number 030-706, Headquarters, 10th Mountain Division (Light) and
Fort Drum, dated 30 January 2004, assigned the applicant to the 619th
Transportation Company (MDM) Truck Cargo, OIF, USCENTOR, AOR, for a period
of 364 days.  She was honorably released from active duty on 12 March 2005
for completion of required active service.

2.  Item 12f (Foreign Service) of the applicant's DD Form 214, with a
separation date of 20 April 2005, contains the entry "00 years, 00 months,
00 days."  Item
18 (Remarks) of this form contains the following entries "Ordered to Active
Duty in Support of Operation Enduring Freedom IAW 10 USC 12302 and Service
in Kuwait/Iraq 20040209-20050207."

3.  The applicant's DD Form 214 does not reflect any foreign service.

4.  Orders Number 043-1057, Headquarters, 10th Mountain Division (Light)
and Fort Drum Number dated 12 February 2005, released the applicant from
active duty on 12 March 2005.

5.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

6.  Paragraph 2-4 of Army Regulation 635-5 indicates that item 12f (Foreign
Service) of the DD Form 214 would show the total amount of foreign service
completed during the period covered in block 12c (Net Active Service This
Period).

7.  Paragraph 2-4 of Army Regulation 635-5 also indicates, with respect to
a Reserve Soldier ordered to active duty and deployed to a foreign country,
the following three statements, in succession, will be entered in item 18
(Remarks) of the
DD Form 214:

      1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC
(applicable section)."


      2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD -YYYYMMDD)."

      3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR
PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show
her the length of service in Iraq.

2.  Evidence clearly shows the applicant was ordered to active duty in
support of Operation Enduring Freedom and was deployed to Kuwait/Iraq for
the period
9 February 2004 through 7 February 2005.  Therefore, the applicant is
entitled to correction of Item 12F of her DD Form 214 to show this Foreign
Service.

3.  There no evidence nor did the applicant provide any evidence that shows
that the applicant served in Kuwait/Iraq until 8 February 2005.  Therefore,
Item 18 of her DD Form 214 should not be corrected to show “20040209-
20050208”.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JEV__  ___RDG_  ___RCH_  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 correcting item 12f of the applicant’s DD Form
214 to show her total foreign service as 01 years, 00 months, 00 days.”

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 Item 18 of the applicant’s DD Form 214 to read “20040209-
20050208”.




                                  _____James E. Vick_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070006062                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/19                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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