IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080004019 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas and combat service.

2.  The applicant states, in effect, that he was discharged without a proper DD Form 214 and his DD Form 214 failed to show his overseas and combat service.  He states that he served in Desert Storm and during OIF (Operation Iraqi Freedom) [Task Force Hawk/Falcon].  He states that the Army was trying to cover-up a medical condition at that time and he should have been medically discharged with his records reflecting combat service.

3.  The applicant provides a copy of his DD Form 214 and a copy of a blood test in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 22 April 1986.  He was trained as a Chemical Operations Specialist, in military occupational specialty (MOS), 74D.  He was promoted to Sergeant First Class (SFC/E-7) effective 1 November 2003.   

2.  The applicant's NCOER (Noncommissioned Officer Evaluation Report) covering the period from December 2002 through November 2003 shows that he served in Iraq during OIF.  His NCOER covering the period from June 2005 
through December 2005 shows he failed to complete OIF V deployment.
4.  The applicant served until he was separated for the purpose of retirement on 30 September 2006.  He was placed on the Retired List effective 1 October 2006, in the rank and pay grade of SFC/E-7. 

5.  Item 12f (Foreign Service), on his DD Form 214, shows the entry, “0000 00 00.”

6.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel Qualification Record - Part II), shows that he served in Germany from 7 June 1990 to 15 November 1990, for a total of 5 months and 19 days; in Saudi Arabia from 16 November 1990 to 3 April 1991, for a total of 4 months and 18 days;  in Germany from 4 April 1991 to 28 May 1993, for a total of 2 years, 1 month, and 24 days; in Germany from 23 July 1997 to 14 July 2000, for a total of 2 years,
11 months, and 23 days, which equates to a total of 5 years, 11 months, and 24 days of overseas service.  Records also show that the applicant deployed to Albania from 14 April 1999 to 5 July 1999 during the inclusive period of his last tour of duty in Germany.

7.  The applicant provided a copy of Standard Form 600 (Chronological Record of Medical Care) which shows that a blood test was drawn on 10 March 2003 at the SRP (Soldier's Readiness Processing) Site at Fort Carson, Colorado.

8.  Information provided by the Defense Finance and Accounting Service (DFAS) revealed that the applicant was deployed in support of OIF during the period 13 April 2003 to 27 March 2004, for a total of 11 months and 14 days; and from 24 September 2005 to 22 December 2005, for a total of 2 months and 29 days, which equated to a total of 1 year, 2 months, and 13 days.  

9.  The applicant's medical records are unavailable for review.  

10.  The applicant affixed his signature to item 21 (Signature of Member being Separated), of his DD Form 214, indicating he had reviewed the information shown on the form and it was complete and correct, to the best of his knowledge.

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 
12f.  The regulation also states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket.  In addition, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD)” will be entered in item 18 (Remarks), of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant claims that he was discharged without a proper DD Form 214.  
It is apparent that the DD Form 214 has errors in that his foreign service is not shown nor is the country to which he deployed in support of the Global War on Terrorism and during Operations Desert Shield/Desert Storm.  The applicant is therefore entitled to a correction of his DD Form 214 to correct these deficiencies.

2.  The evidence shows that the applicant completed a total of 5 years, 11 months, and 24 days of overseas service plus his deployment to OIF of 1 year, 2 months, and 13 days, for a combined total of 7 years, 1 months, and
7 days of overseas service.  Therefore, he is entitled to correction of item 12f (Foreign Service), of his DD Form 214, to show the entry “0007 01 07” (7 years, 1 months, and 7 days).

3.  The evidence of record shows that the applicant served in Albania from
14 April 1999 to 5 July 1999.  Therefore, he is entitled to correction of item 18 (Remarks) of his DD Form 214 to show the entry, “SERVICE IN ALBANIA FROM 19999414 – 19990505.”

4.  The evidence of record also shows that the applicant served in Saudi Arabia from 16 November 1990 to 3 April 1991 during Operations Desert Shield/Desert Storm and was deployed in support of OIF.  Based on verification from DFAS, he served in Iraq from 13 April 2003 to 27 March 2004 and from 24 September 2005 to 22 December 2005.  Therefore he is entitled to correction of item 18 (Remarks), of his DD Form 214 to show the entry, “SERVICE IN SAUDI ARABIA FROM 19901116-19910403” and “SERVICE IN IRAQ FROM 20030413–20040327 and 20050924-20051222.”

5.  The applicant alleges that the Army was trying to cover-up a medical condition at that time and he should have been medically discharged.  His medical records are unavailable for review by the Board.  There is no evidence of record and the applicant has not provided any evidence to show that he was recommended for appearance before a Medical Evaluation Board (MEB) or any form of physical disability processing prior to his separation from service for the purpose of retirement on 30 September 2006. 

6.  The applicant's records do not contain any documentation, and the applicant submitted none, to show he was medically unfit while he was on active duty.  There is no evidence he was referred to either a medical or a physical evaluation board for an evaluation of his medical fitness.  As such, he could not have been separated due to a medical disability, with severance pay, or retired for disability reasons.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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: 

	a.  showing the entry “0007 01 07” in item 12f (Foreign Service), of his DD Form 214; and 

	b.  showing the entry, “SERVICE IN ALBANIA FROM 19999414 - 19990505,” ”SERVICE IN SAUDI ARABIA FROM 19901116 -19910403,” and “SERVICE IN IRAQ FROM 20030413 - 20040327 and 20050924 -20051222" in item 18 (Remarks), of his DD Form 214. 

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 correction of the applicant's record to show that he was discharged by reason of physical disability prior to his separation for the purpose of retirement on 30 September 2006.



      ________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. 
ABCMR Record of Proceedings (cont)                                         AR20080004019



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ABCMR Record of Proceedings (cont)                                         AR20080004019



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