Shirley Powell

							                          DEPARTMENT OF THE ARMY
                      BOARD FOR CORRECTION OF MILITARY RECORDS
                          1901 SOUTH BELL STREET, 2ND FLOOR
                               ARLINGTON, VA 22202-4508




                         RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    18 JANUARY 2006
      DOCKET NUMBER: AR20050005138


      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                                 Director
       Ms. Deborah L. Brantley                             Senior Analyst


      The following members, a quorum, were present:

       Ms. Shirley Powell                                  Chairperson
       Mr. Chester Damian                                  Member
       Ms. Karmin Jenkins                                  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).
ABCMR Record of Proceedings (cont)                               AR20050005138


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his August 2003 separation document be
corrected to show that he was deployed to Iraq between 20 February 2003 and
6 June 2003.

2. The applicant states that he was deployed with the 1092nd Engineer Battalion
to Kuwait and Iraq between 6 April 2003 and 20 August 2003.

3. The applicant provides a copy of orders calling him to active duty in support of
Operation Enduring Freedom and a copy of orders noting that the 1092nd
Engineer Battalion was being deployed in support of that operation. He also
submits a copy of his separation document.

CONSIDERATION OF EVIDENCE:

1. Documents available to the Board, which were provided by the applicant,
indicate he was a member of the 1092nd Engineer Battalion in February 2003
when orders were published by the West Virginia Adjutant General's Department
ordering him to active duty effective 3 February 2003, in support of Operation
Enduring Freedom, for a period not to exceed 730 days. His Mobilization Station
was designated as Fort Bragg, North Carolina.

2. Orders issued at Fort Bragg on 4 April 2003 announced the deployment of the
1092nd Engineer Battalion in support of Operation Enduring Freedom for a
period not to exceed 365 days. The deployment date was announced as 6 April
2003. The order noted that a "unit roster" was attached to the deployment order.
The unit roster was not included as part of the documents provided by the
applicant in support of his request.

3. The sole document contained in the applicant's Official Military Personnel File
available to the Board was an order dated 5 August 2003 which reassigned the
applicant from the 1092nd Engineer Battalion to the 2125th GSU (Garrison
Support Unit) at Fort Bragg effective 5 August 2003 because he was pending a
hardship discharge.

4. On 20 August 2003 the applicant was released from active duty. His
separation document notes he was released for completion of required active
service.




                                         2
ABCMR Record of Proceedings (cont)                                  AR20050005138


DISCUSSION AND CONCLUSIONS:

1. While the applicant may have been ordered to active duty in support of
Operation Enduring Freedom and his parent organization actually deployed to
the overseas theater of operations, there is no evidence that the applicant
actually deployed with the unit.

2. The evidence which is available suggests that the applicant remained at Fort
Bragg and was discharged without having been deployed overseas. The fact
that he was reassigned effective 5 August 2003 to another organization pending
a hardship discharge when he indicated he was deployed overseas until 20
August 2003, the date of his discharge, supports this conclusion.

3. In the absence of more compelling evidence that the applicant did in fact
deploy overseas to Kuwait and/or Iraq there is no basis for correcting his record.

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

BOARD VOTE:

________ ________ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

__SP ___ __CD___ ___KJ___ 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.




                                           _____Shirley Powell________
                                                CHAIRPERSON

                                          3
ABCMR Record of Proceedings (cont)                   AR20050005138



                                 INDEX

CASE ID                    AR20050005138
SUFFIX
RECON                      YYYYMMDD
DATE BOARDED               20060118
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.              110.00
           2.
           3.
           4.
           5.
           6.




                                     4