MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:           30 September 2003
		DOCKET NUMBER:  AR2003087412

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Uzbekistan in support of Operation Enduring Freedom.

APPLICANT STATES:  That he served in Uzbekistan during Operation Enduring Freedom.  He contends that his overseas time is not on his DD Form 214.  In support of his application, he submitted a copy of his DD Form 214, a DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel), and temporary duty (TDY) orders.

EVIDENCE OF RECORD:  The applicant's military records show:

After having prior service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 20 June 1996.  He reenlisted in the USAR on 7 June 1998 for a period of six years.

The applicant was ordered to active duty on 18 January 2002.

The applicant provided a copy of Department of the Army, Headquarters, 7th Infantry Division and Fort Carson, Colorado, Permanent Orders 006-12, dated 22 January 2002.  These orders show the applicant was to be TDY in Uzbekistan in support of Operation Enduring Freedom for the period 22 January 2002 to on or about 21 January 2003 and entitled to combat zone or imminent danger pay.

The applicant also provided a copy of a DD Form 1610, dated 10 March 2002 which shows he was to travel TDY to Uzbekistan to proceed on 10 March 2002 for a period of 21 days.  

The applicant was released from active duty on 19 February 2003.  His DD Form 214 shows the entries: "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS" and "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302" in item 18 (Remarks).

His DD Form 214 does not show any foreign service in item 12f (Foreign Service).  His Enlisted Record Brief, which might show how long he served in Uzbekistan, is not available in the applicant's records.

Records from the Defense Finance and Accounting Service (DFAS) do not indicate that the applicant received hostile fire or combat or imminent danger pay during the period 18 January 2002 through 19 February 2003.

Army Regulation 635-5 (Separation Documents) currently in effect establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for continuation for entries in blocks 11, 13, and 14.  This regulation directs that for a Reserve soldier ordered to active duty and deployed to a foreign country, the period of active service will be reported in item 18 (Remarks) of the DD Form 214 with the statements:  

(1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section);" 

(2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD);" 

(3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board notes that the applicant's DD Form 214 properly reflects that he was ordered to active duty in support of Operation Enduring Freedom in item 18 but also notes that the entry is incomplete. 

3.  The Board also notes that the applicant submitted orders which show he was to be TDY in Uzbekistan for 12 months.  He also submitted a request for TDY travel from Uzbekistan to Turkey on 10 March 2002 for a period of 21 days.  However, there is no evidence of record available to the Board which shows the applicant received hostile fire pay during this period or other evidence, such as an approved travel voucher, which would substantiate how long he served in Uzbekistan.

4.  Based on the foregoing, the Board has determined that there is insufficient basis for correcting his records to show how long he served in Uzbekistan.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RJW_____  MHM_____  MVT_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003087412	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030930 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.