IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005529
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect 30 days of foreign service in Iraq.
2. The applicant states his Army DD Form 214 does not reflect his 30 days of service in Iraq.
3. The applicant provides copies of his DD Form 214, DD Form 2796 (Post-Deployment Health Assessment), psychiatric evaluation, and DD Form 2697 (Report of Medical Assessment).
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the Ohio Army National Guard when he was ordered to active duty in support of Operation Iraqi Freedom with orders to report to Fort Hood, Texas, on 3 January 2008.
2. On 21 February 2008, the applicant's battalion commander submitted a request to discharge the applicant from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Personnel Separations), paragraph
5-17, for other physical and mental conditions based on his having been diagnosed with adjustment disorder with depressed mood.
3. On 4 March 2008, a licensed clinical social worker at the Resilience and Restoration Center at Fort Hood determined the applicant did not meet retention standards under Army Regulation 40-501 (Standards of Medical Fitness) and he was not deployable.
4. The appropriate authority approved the recommendation for discharge on 8 May 2008 and directed that the applicant be honorably discharged.
5. Accordingly, he was honorably discharged on 21 May 2008 due to a condition, not a disability, under the provisions of Army Regulation 635-200, paragraph 5-17. He completed 5 months and 21 days of active service this period. His DD Form 214 reflects no deployments during that period.
6. Information obtained from officials at the Defense Finance and Accounting Service indicates there is no record of the applicant being paid for foreign service in a combat zone.
7. A search of the applicant's official records also fails to show any indication the applicant ever deployed from Fort Hood, performed any foreign service, or was awarded any awards related to deployment.
8. 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. It states for:
a. block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;
b. block 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards), each entry will be verified by the Soldier's records; and
c. block 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements:
* ORDERED TO ACTIVE DUTY IN SUPPORT OF (Operation name) PER 10 USC (applicable section)
* "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect a 30-day deployment to Iraq has been noted and appears to lack merit.
2. The applicant failed to show through the evidence submitted with his application and the evidence of record that he actually deployed to Iraq as he contends.
3. The evidence of record clearly shows he was declared non-deployable while at Fort Hood and his DFAS records contain no evidence to indicate he was reported as deployed for pay purposes. Absent credible evidence of his deployment, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20110005529
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ABCMR Record of Proceedings (cont) AR20110005529
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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