IN THE CASE OF:
BOARD DATE: 01 July 2008
DOCKET NUMBER: AR20080006820
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 that his DD Form 214 be corrected to reflect his foreign service in Iraq.
2. The applicant states that he deployed to Iraq with his unit on 23 November 2005 and in February 2006 he was medically evacuated to Kuwait for surgery for an injury he incurred in Iraq. Because further surgery was deemed necessary, he was returned to Fort Hood, Texas on or about 17 March 2006. He remained at Fort Hood until he was honorably discharged on 18 May 2006; however, his DD Form 214 issued at the time of his discharge does not reflect his service in Iraq.
3. The applicant provides a copy of his DD Form 214, orders deploying him to Iraq in support of Operation Iraqi Freedom, orders returning him to Fort Hood, copies of his W-2 Form and leave and earnings statements for the period of December 2005 to March 2006, a copy of his Department of Veterans Affairs (VA) Rating Decision, and copies of documents from his health records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Army Reserve under the Delayed Entry Program (DEP) on 12 November 2003 for a period of 8 years. He enlisted in the Regular Army on 11 May 2004 for a period of 3 years and training as a special electronic device repairman. He completed his training and was transferred to Fort Hood, Texas for assignment to the 204th Support Battalion.
2. On 11 October 2005, orders were published by Headquarters, 4th Infantry Division directing the deployment of the applicants unit to Iraq in support of Operation Iraqi Freedom on or about 25 November 2005.
3. In February 2006, the applicant suffered a knee injury while playing football and was subsequently transferred to the United States Military Hospital in Kuwait where he underwent arthroscopic surgery on his knee.
4. On 13 March 2006, orders were published that transferred the applicant to Darnell Army Community Hospital at Fort Hood, effective 13 March 2006.
5. On 20 April 2006, the applicant underwent a mental status evaluation and the staff psychiatrist opined that due to his pattern of maladaptive coping skills and mood swings that are leading to industrial impairment, the applicant was recommended for administrative discharge under the provisions of Army Regulation 635-200, chapter 5-17.
6. On 2 May 2006, the applicants commander notified him that he was recommending that he be discharged from the service under the provisions of Army Regulation 635-200, paragraph 5-17 for other designated physical or mental conditions.
7. After consulting with counsel, the applicant acknowledged the proposed separation and declined to submit a statement in his own behalf.
8. The appropriate authority approved the recommendation for discharge on 9 May 2006 and directed that the applicant be furnished an Honorable Discharge Certificate.
9. Accordingly, the applicant was honorably discharged on 18 May 2006 under the provisions of Army Regulation 635-200, paragraph 5-17 for a condition, not a disability. He had served 2 years and 18 days of active service and his DD Form 214 issued at the time of his discharge shows no foreign service in block 12f, nor does it reflect his deployment to Iraq in support of Operation Iraqi Freedom.
10. A review of the leave and earning statements provided by the applicant show that he received hostile fire pay for the months of November 2005 through March 2006.
11. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that an entry will be made in the remarks section of the DD Form 214 to reflect the country in which a Soldier has deployed and the period of deployment.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to establish that he was deployed to Iraq in support of Operation Iraqi Freedom during the period of 25 November 2005 to 13 March 2006 (3 months and 18 days).
2. Accordingly, the applicant is entitled to receive foreign service credit for that time and to have it posted in item 12f of his DD Form 214.
3. Additionally, the applicant is also entitled to have the REMARKS section (block 18) of his DD Form 214 corrected to reflect his service in Iraq during the period of 25 November 2005 to 13 March 2006.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 showing that the applicant served 3 months and 18 days of foreign service and by adding in the remarks section of his DD Form 214 Service in Iraq from 25 November 2005 to 13 March 2006.
___ XXX ___
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.
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