ABCMR Record of Proceedings (cont) AR20050001260
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 October 2005
DOCKET NUMBER: AR20050001260
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun / DirectorMr. David S. Griffin / Analyst
The following members, a quorum, were present:
Mr. Ted S. Kanamine / ChairpersonMr. Patrick H. McGann Jr. / Member
Ms. Carol A. Kornhoff / Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
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ABCMR Record of Proceedings (cont) AR20050001260
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his military records be corrected to show his foreign service in Iraq.
2. The applicant states, in effect, that Item 12f (Foreign Service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 17 July 2003 is incorrect. The applicant states that his unit was activated on 10 February 2003 and sent to Iraq on 18 April 2003. He further states that he was returned to Fort Hood, Texas on 9 July 2003.
3. The applicant provides a copy of:
a. Department of the Army, 420th Engineer Brigade, Bryan, Texas Orders
M-039-0331, dated 8 February 2003, that ordered the applicant to report for active duty on 10 February 2003 for 365 days in support of Operation Enduring Freedom;
b. Department of the Army, Headquarters, III Corps and Fort Hood, Fort Hood, Texas Permanent Orders 107-3, dated 17 April 2003, that showed the applicant's unit deployed to Iraq in support of Operation Iraqi Freedom effective 18 April 2003; and
c. Department of the Army, Headquarters, III Corps Permanent Orders
190-1, dated 9 July 2003, that attached the applicant to the 4003 GSU (Garrison Support Unit), Fort Hood, Texas for legal holdover effective 18 April 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the U.S. Army Reserve on 23 February 2000 for a period of 8 years. He was ordered to active duty in support of Operation Enduring Freedom on 10 February 2003 and was discharged on 17 July 2003 due to hardship. He had completed 5 months and
8 days of active duty that was characterized as honorable.
2. Item 12f of the applicant's DD Form 214 contains the entry, 0000 00 00 (no foreign service).
3. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service, taken from the ERB/ORB (enlisted record book/officer record book) performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.
4. Army Regulation 635-5, in pertinent part, directs that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Item 12f of his DD Form 214 is incorrect. The applicant states that his unit was activated on 10 February 2003 and sent to Iraq on 18 April 2003. He further states that he was returned to Fort Hood, Texas on 9 July 2003.
2. The evidence shows that the applicant's unit deployed to Iraq, effective
18 April 2003. However, the orders dated 9 July 2003 show that the applicant was attached to 4003 GSU at Fort Hood due to legal holdover, effective 18 April 2003. Therefore, the evidence shows that the applicant did not deploy with his unit.
3. Based on the evidence, the entry in Item 12f indicating that the applicant had no foreign service during the period of active service covered by the DD Form 214 is correct.
BOARD VOTE:
______GRANT FULL RELIEF
______GRANT PARTIAL RELIEF
______GRANT FORMAL HEARING
___phm______phm ____cak _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
______Ted S. Kanamine___
CHAIRPERSON
INDEX
CASE ID / AR20050001260SUFFIX
RECON / YYYYMMDD
DATE BOARDED / 20051013
TYPE OF DISCHARGE / (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE / YYYYMMDD
DISCHARGE AUTHORITY / AR . . . . .
DISCHARGE REASON
BOARD DECISION / DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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