BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100009576 


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: 

* the separation authority and narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed
* his service in Iraq and award of the Valorous Unit Award (VUA) added

2.  The applicant states:

* in his 2007 appeal to the Army Discharge Review Board (ADRB), he failed to request the narrative reason for separation be changed so it was not voted on by the board
* the ADRB has made these changes in previous cases similar to his
* he never served in Kuwait.
 
3.  The applicant provides:

* a self-authored statement
* copies of his 2007 ADRB and 2008 Army Board of Corrections for Military Records (ABCMR) case reports
* ABCMR case number AR20040000857 (a “precedent” case)
* supporting documents/orders that verify service in Iraq
* a Department of the Army memorandum announcing award of the VUA to 3rd Battalion, 82nd Airborne Division

* college transcripts
* three published articles he authored

CONSIDERATION OF EVIDENCE:

1.  The applicant's records shows he enlisted in the Regular Army on 16 October 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  The highest rank he attained while serving on active duty was specialist (SPC)/pay grade E-4.

2.  On 21 April 2003, he was assigned to the 82nd Airborne Division and served in Iraq with 3rd Brigade, 505th Parachute Infantry Regiment, from 4 August 2003 through 20 March 2004.

3.  On 9 April 2004, he was awarded an Army Commendation Medal (ARCOM) for meritorious service while performing combat operations in support of Operation Iraqi Freedom during his unit's deployment to Iraq.

4.  Records show the applicant was absent without leave (AWOL) from his unit from 15 July 2004 through 5 May 2005.  On 23 June 2005, the 82nd Airborne Division psychiatrist diagnosed him with an anxiety and mood disorder.  On        3 August 2005, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), Chapter 10, for the good of the service in lieu of court-martial, under other than honorable conditions, and reduced to private (PV1)/E-1.

5.  On 11 July 2007, his discharge was upgraded to honorable by the ADRB with a restoration of rank/grade to SPC/E-4.  A DD Form 214 was issued to reflect the upgrade. 

6.  The ADRB found, in part, his combat service, medical circumstances, and post-service accomplishments mitigated the discrediting entries in his service record.  It also found the reason for discharge was both proper and equitable.  

7.  On 25 November 2008, the ABCMR granted the applicant's request for correction to his DD Form 214 to reflect additional awards and his foreign service in Kuwait.  

8.  Records show he served in Iraq from 4 August 2003 through 20 March 2004.  

9.  The applicant's DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 26 November 2008, among other corrections, lists item number 18 - Add service in Iraq 20030804 to 20040320. 
10.  The applicant's DD Form 215, dated 5 May 2009, lists item number 18 - Add service in Kuwait from 20030804 to 20040320.

11.  Records show 3rd Brigade, 82nd Airborne Division was awarded the VUA for the period 1 August 2003 through 31 March 2004.

12.  In a self-authored statement, the applicant states:

* that since his discharge he has earned a Bachelor of Science degree
* published several scientific journal papers
* is currently enrolled in medical school
* volunteers with several organizations
* he did not ask the ADRB to change the separation authority and narrative reason for separation so it was not considered

13.  Army Regulation 635-5 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the separation authority and narrative reason on his DD Form 214 be changed, his foreign service corrected, and award of the VUA  be added to his DD Form 214 was carefully considered.  There is sufficient evidence to grant partial relief. 

2.  His records show he served in Iraq from 4 August 2003 to 20 March 2004.  

3.  His unit was awarded the VUA while he was assigned to the unit; therefore, he is entitled to correction of his records to show the award. 

4.  He provides a case previously considered by the ABCMR.  However, the case is not relevant as ABCMR cases do not set precedence.  

5.  Contrary to his contention that the ADRB did not consider changing the separation authority and narrative reason for separation, the evidence of record shows the ADRB determined the reason for his discharge was both proper and equitable and voted not to change it.

6.  The applicant’s narrative reason for separation was assigned based on the fact that he was separated under the provisions of chapter 10 of Army Regulation 635-200 in lieu of a court-martial due to his AWOL.  Absent the AWOL, there was no fundamental reason to process the applicant for discharge.  The underlying reason for his discharge was his AWOL and subsequent court-martial charges.  The only valid narrative reason for separation permitted under that paragraph is "In Lieu of Trial by Court-Martial.”  Therefore, the applicant received the appropriate narrative reason for separation.

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:

* deleting his deployment which shows, "SERVICE IN KUWAIT FROM 20030804 - 20040320"
* amending his DD Form 214 to add the VUA and deployment to show, "SERVICE IN IRAQ FROM 20030804 - 20040320"
* providing him a new DD Form 214 reflecting these changes

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 the separation authority or the narrative reason for separation on his DD Form 214.  


      _______ _  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)                                         AR20100009576



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)