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ARMY | BCMR | CY2007 | AR20070001003C071029
Original file (AR20070001003C071029.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20070001003


      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. Deyon Battle                  |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Crain                 |     |Member               |
|     |Mr. Dean Camarella                |     |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 two separate applications, correction of his
Certificates of Release or Discharge (DD Forms 214) for the periods
covering 7 September 2003 through 7 March 2004 and 6 June 2004 through 23
March 2005 to show the countries to which he traveled while performing his
duties in support of Operation Iraqi Freedom.

2.  The applicant states, in effect, that the countries in which he
traveled in support of Operation Iraqi Freedom were not included on is DD
Forms 214.

3.  The applicant provides in support of his application, active duty
orders dated 28 May 2004; amendments orders dated 1 June 2004; a copy of
his DD Form 214 for the period covering 6 June 2004 though 23 March 2005; a
copy of a Request and Authorization for Temporary Duty (TDY) Travel of
Department of Defense (DOD) Personnel (DD Form 1610) dated 5 May 2004; a
copy of a DD Form 1610 amending his Request and Authorization for TDY
Travel; orders retaining him on active duty dated 5 January 2005; orders
releasing him from active duty dated 3 March 2005; active duty orders dated
27 August 2003; a copy of his DD Form 214 for the period covering
7 September 2003 through 7 March 2004; a copy of DD Form 1610 dated 28
August 2003; a copy of DD Form 1610 dated 30 December 2003; and a copy of
orders releasing him from active duty.

CONSIDERATION OF EVIDENCE:

1.  The available records indicate that the applicant was a member of the
United States Army Reserve (USAR) when orders were published on 27 August
2003, ordering him to active duty in Arifjan, Kuwait, effective 7 September
2003, in support of Operation Enduring Freedom.

2.  On 28 August 2003, a DD Form 1610 was completed indicating that the
applicant was authorized overseas TDY in support of Operation Iraqi
Freedom, effective 7 September 2003.  The DD Form 1610 authorized travel in
Egypt, Saudi Arabia, Oman Bahrain, Qatar, United Arab Emirates, Pakistan,
Turkey, Uzbekistan, Iraq, Kuwait and other locations in the Central Command
areas of responsibility.

3.  On 30 December 2003, a DD Form 1610 was completed indicating that the
applicant would be returning from Kuwait on 3 January 2004, to Fort
Bliss/El Paso, Texas.  The DD Form 1610 authorized travel in Bahrain,
Kuwait, Qatar, United Arab Emirates, Saudi Arabia, Oman, Uzbekistan,
Afghanistan, Pakistan, Jordan, Iraq and all other countries/locations in
Defense Energy Support Center-Middle East area of responsibility, as
directed by the Commander/Deputy Commander.

4.  The available records indicate that the applicant received Imminent
Danger Pay from 13 September 2003 until he departed Kuwait on 13 February
2004.

5.  The applicant was released from active duty (REFRAD) on 7 March 2004
and he was assigned to the USAR Control Group (Reinforcement).  The DD Form
214 that he was furnished at the time of his REFRAD reads "DATA HEREIN
SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR
VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL
BENEFITS//SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S
AFFIDAVIT//DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING
INFORMATION//INDIVIDUAL COMPLETED PERIOD OF WHICH ORDERED TO ACTIVE DUTY
FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS//ORDERED TO ACTIVE
DUTY IN SUPPORT OF OPERATON ENDURING FREEDOM IAW 10 USC 12301//MEMBER HAS
COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS".

6.  On 5 May 2004, a DD Form 1610 was completed indicating that the
applicant was authorized overseas TDY in support of Operation Iraqi
Freedom, effective 6 June 2004.  The DD Form 1610 authorized travel in
Egypt, Saudi Arabia, Oman Bahrain, Qatar, United Arab Emirates,
Afghanistan, Pakistan, Turkey, Uzbekistan, Kuwait, Iraq and other locations
in the Central Command areas of responsibility.

7.  Orders were published on 28 May 2004, ordering the applicant to active
duty effective 30 May 2004 through 24 November 2004, in support of
Operation Noble Eagle.  The orders indicate that he was assigned to the
United States Element M Central Appointment System – Baltimore, Fort
Belvoir, Virginia; and that he was attached to the United States Army.  On
1 June 2004, orders were published amending his effective date and ending
date of his assignment to read from to 6 June 2004 through 1 December 2004.

8.  The applicant was REFRAD on 23 March 2005, and he was transferred the
United States Army Element Central Appointment System - Baltimore.  The
DD Form 214 that he was furnished at the time of his REFRAD reads "DATA
HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH ORTHER AGENCIES FOR
VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL
BENEFITS//INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE FOR
PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS//ORDERED TO ACTIVE DUTY
IN SUPPORT OF OPERATION NOBLE EAGLE IAW 10 USC 12302//MEMBER HAS COMPLETED
FIRST FULL TERM OF SERVICE//IMMINENT DANGER PAY: 20040614 –
20041106//SERVICE IN KUWAIT: 20040614 – 20041106//".

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.  This regulation also provides that use of the remarks
block (18) is for Headquarters Department of the Army mandatory
requirements when a separate block is not available, and as a continuation
for entries in blocks 11, 13, and 14.
For a Reserve soldier ordered to active duty and deployed to a foreign
country "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC
(applicable section); SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive
dates); and SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR
PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS" will be entered in block
18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Block 18 on the DD Form 214 that the applicant was furnished for his
period of active duty service from 6 June 2004 through 23 March 2005 was
completed in accordance with the applicable regulation.  The DD Form 214
shows that he was ordered to active duty in support of Operation Noble
Eagle; that he served in Kuwait; and the dates he served in Kuwait.

2.  Although Block 18 on the DD Form 214 that he was furnished for his
period of service on active duty from 7 September 2003 through 7 March 2004
fails to show that he had service in Kuwait and the inclusive dates that he
served, the countries that he traveled while performing his duties were
properly omitted from both of the DD Forms 214 in question.

3.  There are no provisions of law or regulation for including the numerous
countries that he traveled in support of his duties on his DD Forms 214.
In accordance with Army Regulation 635-5, only the name of the operation
for which he was ordered to active duty; the country to which he was
deployed; and the inclusive dates of his deployment are authorized entries
in Block 18 on his DD Forms 214.


4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JM___  __WC  __  ___DC__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by furnishing him a Correction to DD Form 214 (DD Form 215) to
show that he had service in Kuwait from 13 September 2003 through 13
September 2004.




                                  ______ John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001003                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTER          |
|2.  189                 |110.0000/SEPARATION DOCUMENT            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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