IN THE CASE OF:	  

		BOARD DATE:	    22 January 2013

		DOCKET NUMBER:  AR20120011458 


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 show:

* his combat service in Iraq
* his rank/grade as specialist (SPC)/E-4 instead of private first class (PFC)/E-3
* his characterization of service as honorable vice general

2.  The applicant states:

* his physical and mental injuries were looked down upon
* his chain of command pushed him out of the service and excluded his combat service and awards
* his mental stability at the time was more than questionable
* he has been in counseling since and continues to receive assistance for his injuries
* the reason for his discharge was medically related and by regulation he should have received an honorable characterization of service and entitlement to Montgomery GI Bill benefits

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  With respect to the characterization of his service:

	a.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that an applicant has not exhausted all administrative remedies available to him or her.

	b.  The applicant was discharged on 13 December 2005.  There is no evidence he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations.

	c.  Therefore, the issue of the characterization of his service will not be discussed further in this Record of Proceedings.

2.  The applicant enlisted in the Regular Army on 22 April 2003 and he held military occupational specialty 92G (Food Service Specialist).  He also attended the 3-week Basic Airborne Course.  He was promoted to PFC/E-3 on 22 April 2004 and to SPC/E-4 on 1 December 2004.

3.  On 5 September 2003, he was assigned to Headquarters and Headquarters Company, 505th Parachute Infantry Regiment, 82d Airborne Division, Fort Bragg, NC.

4.  On 26 August 2005, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for leaving his appointed place of duty without authority.

5.  On 20 October 2005, he again accepted NJP under the provisions of Article 15 of the UCMJ for failing to go at the time prescribed to his appointed place of duty.  His punishment, in part, consisted of reduction to PFC/E-3.  He initially submitted an appeal of his NJP punishment, but he voluntarily withdrew it on 26 October 2005.

6.  On 21 October 2005, his chain of command initiated separation action against him under paragraph 5-17 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).  The separation authority approved his discharge.

7.  He was discharged on 13 December 2005.  His DD Form 214 shows he completed 2 years, 7 months, and 22 days of creditable active service.  This form also shows in:

* items 4a (Grade, Rate, or Rank) and 4b (Pay Grade), the entries "PFC" and "E-3," respectively
* item 12f (Foreign Service), the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Parachutist Badge, National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal
* item 18 (Remarks), no entry for deployments/combat service

8.  Section VIII (Awards and Decorations) of his Enlisted Record Brief (ERB), dated 22 August 2005, shows the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal.

9.  An email from the Defense Finance and Accounting Service, Indianapolis, IN, dated 24 July 2012, confirms he received hazardous fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Iraq from 18 January 2004 to 2 May 2004.

10.  His official records contain an Army Commendation Medal Certificate confirming his award of the Army Commendation Medal for service in support of Operation Iraqi Freedom in Iraq from 15 January to 15 May 2004.  The authority is shown as Permanent Order Number 074-167 issued by Headquarters, 1st Brigade, 82d Airborne Division.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states for:

* items 4a and 4b, enter the active duty grade or rank and pay grade at the time of separation from the Soldier's records (promotion or reduction orders)
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 12h, enter the effective date of pay grade
* item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  With respect to his rank/grade:

	a.  The applicant was advanced to SPC/E-4 on 1 December 2004.  However, he accepted NJP under the provisions of Article 15 of the UCMJ on 20 October 2005 that resulted in his reduction to PFC/E-3.  He appears to have held this rank/grade until his discharge.  Nothing in his records shows he was advanced to SPC/E-4 between the date he was reduced and the date he was discharged.

	b.  His DD Form 214 correctly lists the rank/grade he held at the time of discharge (PFC/E-3) and the effective date of this grade (20 October 2005).  There is neither an error nor an injustice here.

2.  With respect to his combat service:

	a.  His DFAS pay records confirm he received HFP/IDP and CZTE for service in Iraq from 18 January 2004 to 2 May 2004, a period of 3 months and 14 days.  These dates are consistent with the dates shown on the certificate awarding him the Army Commendation Medal.

	b.  Therefore, he is entitled to correction of his DD Form 214 to show completion of 3 months and 4 days of foreign service in item 12f and the dates of his combat service in Iraq in item 18.

3.  With respect to any awards or decorations:

	a.  Permanent orders awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show it.

	b.  His ERB lists award of the Global War on Terrorism Expeditionary Medal.  His entitlement to this award is further confirmed by the DFAS email that confirms his receipt of HFP/IDP and CZTE for service in Iraq from 18 January 2004 to 2 May 2004.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the entry "0000  00  00" from item 12f of his DD Form 214 and adding the entry "0000  03  14"
* adding the Army Commendation Medal and Global War on Terrorism Expeditionary Medal to item 13 of his DD Form 214
* adding the entry "SERVICE IN IRAQ FROM 2004018-20040502" to item 18 of his DD Form 214

2.  The Board further determined 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 rank/grade to SPC/E-4.



      ____________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)                                         AR20120011458



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ABCMR Record of Proceedings (cont)                                         AR20120011458



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