IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140015924 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2009 to show:

* the dates of her deployments to Iraq are from 4 October 2004 to 
9 June 2006 and from 1 February 2008 to 30 September 2009 
* she was awarded the Combat Action Badge

2.  The applicant states her deployment dates are incorrect "in showing I had no separation between deployments," and this has caused her to have an overpayment by the Department of Veteran Affairs (VA).  Additionally, she was awarded the Combat Action Badge, not the Combat Infantryman Badge.  She has provided all orders and paperwork that she has.

3.  The applicant provides copies of her:

* orders for active duty for special work
* unit temporary change of station (TCS) orders for Iraq
* orders for retention on active duty for medical care and treatment
* release from active duty (REFRAD) orders
* orders retaining her on active duty for completion of medical care/ treatment
* Combat Action Badge orders
* permanent disability retirement orders
* DD Form 214 for the period 16 February 2008 to 30 September 2009
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Arkansas Army National Guard (ARARNG) on 
24 April 1996.  She held military occupational specialty 25Q (Multichannel Transmission Systems Operator - Maintainer).

2.  Orders 013-31, Mobilization Center Shelby, Camp Shelby, MS, dated 
13 January 2005, show the 212th Signal Company was scheduled to deploy in a TCS status, to Iraq, effective 14 January 2005.  The applicant's name is listed as processing with the unit.

3.  Permanent Orders 275-037, Headquarters, Multi-National Corps Iraq, dated 
1 October 2005, show the applicant was awarded the Combat Action Badge for engaging or being engaged by the enemy on 6 May and 27 May 2005.

4.  Her record contains a DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period August 2005 through November 2005.  The applicant's unit is shown as "CO C 212th SIGNAL, 155 BCT FOB KALSU, APO AE 09325."

5.  Orders 017-512, Mobilization Center Shelby, dated 17 January 2006, show the applicant was scheduled to deploy, in a TCS status, to Fort Campbell, KY, effective 18 January 2006, in support of Operation Iraqi Freedom, for a period not to exceed 449 days.

6.  Orders A-02-602864, U.S. Army Human Resources Command, Alexandria, Virginia, dated 3 February 2006, directed that the applicant be retained on active duty, with a report date of 31 January 2006, for a period of 179 days (28 July 2006) to complete medical care and treatment.

7.  Orders 156-0610, Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 5 June 2006, show the applicant was scheduled for REFRAD, effective 
9 June 2006.

8.  Orders 087-505, Camp Shelby Joint Forces Training Center, Camp Shelby, MS, dated 27 March 2008, show the applicant was scheduled to deploy in a TCS status to Alasad, Iraq, effective 31 March 2008, in support of Operation Iraqi Freedom.

9.  A DA Form 638 (Recommendation for Award) shows she was awarded the Army Achievement Medal for the period 17 March to 1 December 2008.  The accompanying award citation shows the orders issuing authority as "HQS, 165TH CSSB AL TAJI, IRAQ APO AE 09378."

10.  A DA Form 2166-8 for the period 2 April 2008 through 31 January 2009,   Part IIId (Areas of Special Emphasis), shows "Deployed to Taji, Iraq in support of Operation Iraqi Freedom."

11.  Orders A-05-914984, U.S. Army Human Resources Command, St. Louis, Missouri, dated 27 May 2009, directed that the applicant be retained on active duty from 14 June to 30 September 2009 to complete medical care and treatment. 

12.  The applicant's DD Form 214 for the period ending 30 September 2009 shows in:

   a.  Item 12c (Net Active Service This Period) 1 year, 7 months, and 15 days.

   b.  Item 12d (Total Prior Active Service) 3 years, 8 months, and 27 days.

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), in part, the Combat Infantryman Badge.

	d.  Item 18 (Remarks), in part, "SERVICE IN IRAQ 20080401-20081208."

13.  The applicant's ARNG Current Annual Points Statement shows continuous active service from 13 October 2004 onward.

14.  The available evidence contains a DD Form 214 covering the period 
13 October 2004 through 28 January 2012 that shows in:

a. Item 12c, 7 years, 3 months, and 16 days.

   b.  Item 12d, 11 months and 13 days.

   c.  Item 13, neither the Combat Infantryman Badge nor the Combat Action Badge.

	d.  Item 18, in part, "SERVICE IN IRAQ 20080401-20081208."

15.  Order D028-32, U.S. Army Physical Disability Agency, Arlington, Virginia, dated 28 January 2014, shows she was removed from the TDRL and retired due to permanent disability with a 50 percent disability rating effective 28 January 2014.  


16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that item 18 is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with her or her unit, an entry of "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states there was a separation from active duty between her deployments which indicates that a DD Form 214 for a period ending in early 2006 is missing.  However, her ARNG Current Annual Points Statement shows she had continuous active duty from 12 October 2004 onward.  Based on the available evidence it appears the 30 September 2009 DD Form 214 was issued in error.  As such it would not be appropriate to make corrections to this document.

2.  Permanent orders show the applicant was awarded the Combat Action Badge on 1 October 2005.  Her 28 January 2012 DD Form 214 should be corrected accordingly.

3.  The evidence shows she was deployed to Iraq from 1 August to 30 November 2005 and from 17 March 2008 to 31 January 2009.  Therefore, her 28 January 2012 DD Form 214 should be corrected to show these dates of deployment to Iraq.

4.  The recommended changes are the only ones that can be made given the evidence available.

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:

	a.  adding the Combat Action Badge to item 13 of her DD Form 214 ending 
28 January 2012; and

	b.  deleting from item 18 of that DD Form 214, "SERVICE IN IRAQ 20080401-20081208"; and

	c.  adding to item 18 of that DD Form 214:

* "SERVICE IN IRAQ 20050801-20051130"
* "SERVICE IN IRAQ 20080317-20090131"

2.  The Board further determined that the evidence presented was 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 correcting her DD Form 214 ending 28 January 2012 to show she deployed to Iraq from 4 October 2004 to
9 June 2006 and from 1 February 2008 to 30 September 2009.  

3.  Additionally, no corrections should be made to her DD Form 214 for the period 30 September 2009, because that DD Form 214 appears to have been issued in error.  Removal of this document from her record is outside the boundaries of the applicant's current request for relief, and as such the Board does not recommend removal at this time.  If the applicant wishes to pursue this matter, she may submit a new application.



      _______ _   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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20140015924



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