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ARMY | BCMR | CY2007 | 20070007253C071108
Original file (20070007253C071108.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070007253


      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. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show that he served
in Iraq.

2.  The applicant states that he served in Iraq from 27 January 2005 to 7
January 2006.

3.  The applicant provides a copy of his DD Form 214, a copy of his
Enlisted Record Brief (ERB), dated 17 April 2007, and a copy of his Travel
Voucher, dated 13 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 shows he enlisted into the Regular Army on
6 May 2003.  He was awarded the military occupational specialty (MOS) 21E,
(Heavy Construction Equipment Operation).  The highest rank he attained
while serving on active duty was Specialist (E-4).

2.  Section I (Assignment Information (Overseas Duty) of the applicant’s
ERB shows that he served a 12 month tour in IZ (correctly known as Iraq)
ending in January 2006.

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

4.  Travel Voucher Number 499720, prepared 13 January 2006, shows that the
applicant was TDY (Temporary Duty) in Kuwait and Iraq from 27 January 2005
to 7 January 2006.

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 that 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:

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
his service in Iraq.

2.  Evidence clearly shows the applicant was ordered to active duty in
support of Operation Enduring Freedom and was deployed to Iraq for the
period
27 January 2005 through 7 January 2006.  Therefore, the applicant is
entitled to correction of his DD Form 214 to show this Foreign Service.

BOARD VOTE:

___WDP__  __LMD  ____JLP__  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:

      a) correcting item 12f of the DD Form 214 to show his total foreign
service as "11 months and 12 days" and


      b) by adding the following entry in item 18 of the DD Form 214,
"SERVICE IN IRAQ FROM 20050127–20060107."




                                    __William D. Powers___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070007253                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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