RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  2 October 2007
	DOCKET NUMBER:  AR20070011422 


	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

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

Member

	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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 January 2004, to show he served in Iraq.

2.  The applicant states that his unit deployed to Kuwait in April 2003 and then drove into Iraq in May 2003.  He further adds that he was not given orders for duty in Iraq but his awards show that he patrolled the streets of Baghdad and his clearance papers show that he cleared Iraq, not Kuwait.

3.  The applicant provided the following documentary evidence in support of his application:

	a.  Headquarters, 4th Battalion, 27th Field Artillery Memorandum, dated 17 August 2003, certifying that the applicant had completed Operation Iraqi Freedom out-processing requirements.

	b.  Headquarters, 4th Battalion, 27th Field Artillery Memorandum, dated 17 August 203, Soldier Deployment Manifest Verification.

	c.  Headquarters, 1st Armored Division, Orders Number 106-26, dated 16 April 2003, ordering the 4th Battalion, 27th Field Artillery to a temporary change of station (TCS) from Germany to Kuwait.

	d.  Headquarters, 1st Armored Division, memorandum dated 12 September 2003, releasing the applicant from the Central Command (CENTCOM) theater of operation. 

	e.  Copies of the Army Commendation Medal (ARCOM) certificate and DA Form 638 (Recommendation for Award) awarding the applicant the ARCOM.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060006159 on 23 January 2007.

2.  The applicant submitted the same documentary evidence he provided in his original request.  However, he highlighted certain entries on these documents to bring attention to facts that may have been inadvertently overlooked during the previous review by the ABCMR.  Given the nature of the highlighted entries, they are considered new evidence and as such warrant reconsideration by the Board.

3.  The applicant's records show that he entered the Regular Army on 9 October 1997 and that he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B1O (Light Wheel Vehicle Mechanic).  He was honorably released from active duty on 10 January 2004.

4.  Item 18 (Remarks) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show service in Iraq.

5.  DD Form 215 (Correction to DD Form 214), Item 5 (Original DD Form 214 is Corrected as Indicated Below: Corrected to Read) shows that the applicant served in Kuwait from 29 April 2003 to 8 October 2003.

6.  The applicant provided Department of the Army, 4th Battalion, 27th Field Artillery Regiment, 1st Armored Division Orders 114-02, dated 24 April 2003.  This order directed a temporary change of station to USCENTCOM AOR (Kuwait) in order to provide continued support to Operation Enduring Freedom preparatory task and possible future contingencies.  The order included a listing of members, including the applicant’s name.  The applicant's record does not show orders assigning him to Iraq for duty.

7.  The applicant submitted a battalion commander’s memorandum dated
17 August 2003 certifying that he was deployed to the CENTCOM AOR (area of responsibility) in support of Operation Iraqi Freedom during the period 29 April 2003 to 8 October 2003.  Additionally, the same battalion commander certified on separate memorandum dated 17 April 2003 that the applicant completed Operation Iraqi Freedom out-processing requirements prior to redeployment from theater of operations. 

8.  The applicant submitted Headquarters, 1st Armored Division Artillery, Permanent Order Number 255-05, dated 12 September 2003, that awarded him the ARCOM with First Oak Leaf Cluster for meritorious service during 29 April 2003 through 8 October 2003.  The justification for this award was for his meritorious service during combat operations in support of Operation Iraqi Freedom while assigned to Bravo Battery, 4th Battalion, 27th Field Artillery Regiment.



9.  Achievement Number 1 on the DA Form 638 states that the applicant deployed in support of Operation Iraqi Freedom and that "he was directly responsible for 17 vehicles successfully completing a 500 miles road march from the port of Kuwait to Baghdad, Iraq."  

10.  Achievement Number 2 on the DA Form 638 states that the applicant's "dedication provided a safe and secure environment for over 1,400 Iraqi children over a five week period in one of Baghdad's most hostile neighborhoods and that he participated in over 50 mounted patrols."

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation 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.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the following statement will be entered in Item 18 (Remarks):  "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 he served in "Iraq." 

2.  The evidence of record shows that the applicant deployed from Germany through Kuwait to Iraq in support of Operation Iraqi Freedom.  However, evidence of record does not show how long he spent in each country.  Therefore, based on the available evidence of record it would be appropriate to amend item 18 (Remarks) on his DD Form 214 and Item 5 of his DD Form 215 to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20030429 TO 20031008."







BOARD VOTE:

__amc___  __lmd___  __jcr___  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 amendment of the ABCMR’s decision in Docket Number AR20060006159, dated 23 January 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 18 (Remarks) on his DD Form 214 and Item 5 of his DD Form 215 to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20030429 TO 20031008.



							Ann M. Campbell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011422
SUFFIX

RECON

DATE BOARDED
20071002
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.