IN THE CASE OF:	  

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080011810 


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 foreign service during Operation Enduring Freedom from 22 April 2003 through 6 October 2004 be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he kept getting the run around at Walter Reed Army Medical Center (WRAMC).  He cannot get treated by the Department of Veterans Affairs.  His injuries occurred while he was in Iraq.

3.  The applicant provides temporary change of station orders, dated 10 April 2003; reassignment orders, dated 6 August 2003; and permanent change of station orders, dated 1 October 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 August 2002.  He completed basic training and advanced individual training and was awarded military occupational specialty 91W (Health Care Specialist).  He was assigned to Fort Polk, LA, on or about 1 April 2003.

2.  Orders dated 10 April 2003 ordered the applicant’s unit to the U. S. Central Command area of responsibility in support of Operation Enduring Freedom effective on or about 22 April 2003.  

3.  A Medical Evaluation Board (MEB) Addendum, dated 9 March 2005, indicates that in August 2003 the applicant was air evacuated from Iraq to WRAMC where over the course of several months he had three additional sinus surgeries.

4.  Headquarters, WRAMC Orders 218-03, dated 6 August 2003, temporarily reassigned the applicant to the 2d Combat Support Medical Company, Fort Polk, LA, for temporary duty in support of Operation Enduring Freedom.

5.  On 15 August 2005, the applicant was released from active duty by reason of being placed on the Temporary Disability Retired List.

6.  Item 12h (Foreign Service) of the applicant’s DD Form 214 does not show he served any foreign service.

7.  Item 13 (Decorations, Medals, Badges Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, and the Global War on Terrorism Service Medal.

8.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show he served in Iraq.

9.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in Kuwait from April 2003 through October 2003.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Records at DFAS show that the applicant served in Kuwait from April 2003 through October 2003 (presumably that is the period of time he was drawing hostile fire pay).

2.  Orders dated 10 April 2003 ordered the applicant’s unit to the U. S. Central Command area of responsibility in support of Operation Enduring Freedom 

effective on or about 22 April 2003.  It appears that his unit was then diverted from Operation Enduring Freedom (i.e., service in Afghanistan) to Operation Iraqi Freedom (i.e., service in Iraq).

3.  Although Headquarters, WRAMC, Orders 218-03, dated 6 August 2003, temporarily reassigned the applicant to the 2d Combat Support Medical Company, Fort Polk, LA, for temporary duty in support of Operation Enduring Freedom, his MEB Addendum, dated 9 March 2005, indicates that in August 2003 he was evacuated from Iraq to WRAMC where over the course of several months he had three additional sinus surgeries.  In the absence of evidence to the contrary (such as a completed travel voucher), this is accepted as evidence to show that, while the applicant may have drawn hostile fire pay through October 2003, he did not return to Iraq after he was evacuated in August 2003.

4.  The information in the applicant’s MEB Addendum showing he served in Iraq is accepted as evidence that he served in Kuwait/Iraq (over the evidence in DFAS’s records showing he served only in Kuwait).

5.  The applicant’s DD Form 214 does not indicate in item 12f that he served any foreign service or in item 18 that he served in Iraq.

6.  The applicant’s exact dates of service in Kuwait/Iraq cannot be determined.  However, unless the applicant can provide evidence showing his exact dates of service, the period 22 April 2003 (as requested by the applicant and as indicated in his deployment orders) through 15 August 2003 (midway through August) will be used (for a period of 3 months and 24 days).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____XX____  ___XX_____  ___XX_____  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.  amending item 12h of his DD Form 214 to show he served 3 months and 24 days of foreign service; and

   b.  amending item 18 of his DD Form 214 to add the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030422 – 20030815."

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 amending his DD Form 214 to show he served in Operation Enduring Freedom from 22 April 2003 through 6 October 2004.



      ________XXXX_________________
                 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)                                         AR20080011810





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ABCMR Record of Proceedings (cont)                                         AR20080011810



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