IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021093 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* the Reentry (RE) Code of 1
* his deployment in support of Operation Iraqi Freedom (OIF) from 7 August 2003 to 19 March 2004
* award of the Combat Infantryman Badge and the National Defense Service Medal

2.  Counsel states:

	a.  The Army Discharge Review Board (ADRB) considered the applicant's request and upgraded the characterization of his service from under other than honorable conditions (UOTHC) to general, under honorable conditions.  However, the ADRB voted not to change the narrative reason for separation or the RE code.  The applicant served on active duty in Iraq and earned the Global War on Terrorism Service Medal, Combat Infantryman Badge, Army Service Ribbon, and the Parachutist Badge.  He performed duty as a rifleman with the 82nd Airborne Division where he was involved with over fifty nighttime improvised explosive device (IED) incidents and mortar ambushes. 

	b.  Upon the applicant's return from Iraq, he sought treatment from the mental health clinic at Fort Bragg, North Carolina.  He was diagnosed with post traumatic stress disorder (PTSD).  He suffered from anxiety, insomnia, and depression.  He experienced flashbacks to combat.  Unfortunately, the record of his medical treatment at Fort Bragg cannot be located by the U.S. Army or the Department of Veterans Affairs (VA).  The applicant's treatment at Fort Bragg was not adequate.  His condition worsened. 

	c.  The applicant believed that he had no choice but to leave Fort Bragg and seek help in Florida.  While he was absent without leave (AWOL) he was again diagnosed with PTSD by the Crossroads Counseling Center in Fort Walton Beach, Florida.  He remained in Florida until he was returned to Fort Bragg for punishment for his AWOL offense.

	d.  The applicant's military lawyer advised him to request a discharge in lieu of trial by court-martial, which he did.  He received a UOTHC characterization of service and lost his rank.

	e.  The VA acknowledged the applicant's PTSD and combat stressor, but denied him service connection because he received a UOTHC characterization of service.

	f.  The applicant realizes he made a mistake when he went AWOL in 2004.  The ADRB recognized that the UOTHC characterization of service was too harsh and voted to upgrade it.  The applicant desires to continue his treatment for PTSD and he would be privileged to one day serve his country again.  His current RE code prevents him from doing this.

	g.  The applicant has started his own business as a gunsmith, and he works for the railroad.  He is married and has three children.

3.  Counsel provides:

* Certificate of Achievement  - OIF
* Certificate of Appreciation - OIF
* Statements from a former squad leader and members of his unit
* Statements from the applicant and his parents
* VA Rating Decision, dated 23 December 2008
* Enlisted Record Brief (ERB)
* Orders 213-01, Fort Bragg, North Carolina, dated 1 August 2003



CONSIDERATION OF EVIDENCE:

1.  On 24 June 2002, the applicant enlisted in the Regular Army (RA).  He was awarded military occupational specialty (MOS) 11B1P (Infantryman with parachutist qualification).  He was subsequently assigned to the 3rd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, located at Fort Bragg.

2.  Orders 213-01, Fort Bragg, dated 1 August 2003, assigned the applicant's unit to Southwest Asia in support of OIF.  Movement was to commence within a 
15-day window centered on 7 August 2003.

3.  Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay for the period from 15 August 2003 to 19 March 2004 (7 months and 5 days).

4.  The certificates of achievement and appreciation, as provided by counsel, state the applicant performed meritoriously while assigned in Iraq as a member of Task Force All American in support of OIF.

5.  The applicant's ERB shows in Section VIII - Awards and Decorations:

* NDSM [National Defense Service Medal]
* GWTSM [Global War on Terrorism Service Medal]
* CIB [Combat Infantryman Badge]

6.  On 17 March 2005, the applicant was discharged in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He was assigned a Separation Program Designator (SPD) Code of KFS and an RE Code of 4.  His character of service was UOTHC.

7.  The applicant's DD Form 214 shows no overseas service in item 12f (Foreign Service). 

8.  On 7 December 2009, the ADRB considered the applicant's request for an upgrade of his discharge.  The ADRB found his characterization of service was too harsh and voted to change it to general, under honorable conditions.  The ADRB further determined that both the narrative reason for his separation and the assigned RE code were proper and equitable.

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

10.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes.  RE 4 applies to persons separated from their last period of service with a non-waivable disqualification.  

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.

	a. 	Item 12f will contain the number of years, months, and days of foreign service completed during the covered period.

	b.   Item 18 (Remarks) will contain the following entry for RA Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

12.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of KFS was the appropriate code based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 4 as the proper RE code to assign to Soldiers for this reason.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE Code of 4 should be changed to an RE Code of 1 so that he may be eligible to reenter the Army.  He further contends his
DD Form 214 should be corrected to show award of the National Defense Service Medal, Combat Infantryman Badge, and that he was deployed to Iraq from 7 August 2003 to 19 March 2004.

2.  The RE Code 4, establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations.

3.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the assigned RE Code of 4.  While the applicant’s desire to one day again serve his country is commendable his RE code was properly assigned.  Accordingly, this portion of his request should be denied.

4.  DFAS records clearly show the applicant was deployed in support of OIF from 15 August 2003 to 19 March 2004 (7 months and 5 days).  Therefore, this service should be shown in item 12f of his DD Form 214.  However, the period from 7 to 14 August 2003, as requested by the applicant, is not supported by the available evidence; therefore, it should be denied.

5.  The available evidence shows the applicant served a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, this medal should be added to his DD Form 214.

6.  Records show the applicant was awarded the National Defense Service Medal and the Combat Infantryman Badge.  Therefore, this medal and badge should be added to his DD Form 214.

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 adding to his DD Form 214 in:

	a.  item 12f 7 months and 5 days;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Iraq Campaign Medal with two bronze service stars, and Combat Infantryman Badge; and

	c.  item 18 "SERVICE IN IRAQ 20030815 TO 20040319."

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 changing the applicant's 
RE Code or showing he deployed to Iraq earlier than 15 August 2003.




      _______ _  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)                                         AR20100021093



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ABCMR Record of Proceedings (cont)                                         AR20100021093



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