RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 August 2007
      DOCKET NUMBER:  AR20070004734


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his foreign service be added to
his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, his DD Form 214 has none of his
overseas service time on it; however, he has the orders sending him
overseas and returning him from overseas along with LES's (Leave and
Earnings Statements) showing his hostile fire pay for the entire time he
was in the middle east.

3.  The applicant adds that he was on stand-by and another Soldier wasn't
able to go overseas so he ended up going and it was never input that he had
replaced the other Soldier.  He left the service shortly after he returned
from overseas.

4.  In support of his request, the applicant provides a copy of Permanent
Orders
60-01, prepared by Headquarters, 1st Cavalry Division, Fort Hood, Texas,
dated 1 March 2003; a copy of a Memorandum for Record, Subject:
Redeployment to Charlie Company 1-5 CAV [Cavalry], Rear Detachment,
prepared by Headquarters Company, 1st Battalion, 5th Cavalry Regiment,
1st Cavalry Division, Fort Hood, dated 19 December 2003; and a copy of
his LES's for the period from 1-30 April 2003 through 1-31 December 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 December 2003, the date of his discharge.  The application
submitted in this case is dated 22 March 2007.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after
discovery of the alleged error or injustice.  This provision of law
allows the Army Board for Correction of Military Records (ABCMR) to
excuse failure to file within the 3-year statute of limitations if the
ABCMR determines that it would be in the interest of justice to do so.
In this case, the ABCMR will conduct a review of the merits of the case
to determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant enlisted in the US Army Reserve on 26 September 1998.  On
29 July 1999, he enlisted in the Regular Army.  He was awarded and served
in the military occupational specialty 11M, Fighting Vehicle Infantryman.
He was promoted to the rank and pay grade, Corporal, E-4 on 1 March 2001.

4.  The applicant was honorably discharged in the rank of Corporal on 17
December 2003, under the provisions of Army Regulation (AR) 635-200,
paragraph 5-13.  On the date of his discharge, the applicant had
completed 4 years, 4 months, and 19 days active military service, with no
time lost.

5.  Item 13 (Record of Service), subparagraph f (Foreign Service), of the
applicant's DD Form 214, shows the entry, 0000 Years, 00 Months, and 00
Day(s).

6.  Permanent Orders 60-01, prepared by Headquarters, 1st Cavalry
Division, Fort Hood, dated 1 March 2003, is a unit movement order which
directs Company C, 1st Battalion, 5th Cavalry, the applicant's unit to
move from Fort Hood, Texas, to Turkey for the purpose of providing trained
vessel security teams for all shipping going to Turkey.  The applicant's
unit was authorized to travel to Kuwait, Egypt, Saudi Arabia, Oman, Qatar,
the United Arab Emirates, Bahrain, Afghanistan, Uzbekistan, Turkey and
Jordan.  The effective date of the unit's movement was 1 March 2003 and
for a period of 364 days, based on mission requirements.

7.  The LES's the applicant submitted in support of his request show he
received HFP/IDP (Hostile Fire Pay/Imminent Danger Pay) for the period from
1 April 2003 through 31 December 2003.

8.  On 19 December 2003, a Memorandum for Record, Subject:  Redeployment to
Charlie Company 1-5 CAV [Cavalry], Rear Detachment, was prepared by
Headquarters Company, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry
Division.  By this memorandum, the applicant was reassigned from Task Force
Iron Horse to Company C, 1st Battalion, 5th Cavalry.  The effective date of
his transfer, as indicated in the orders, was to be 15 October 2003.

9.  A DD Form 2648, Preseparation Counseling Checklist, on file in the
applicant's Official Military Personnel File, shows he was present for duty
at Fort Hood, Texas, on 7 October 2003.

10.  The applicant's Enlisted Record Brief and DA Form 2-1, Personnel
Qualification Record, Part II, both are void of an entry showing he served
overseas during his active duty service.

11.  Army Regulation (AR) 635-5 prescribes the separation documents that
must be prepared for Soldiers on retirement, discharge, release from active
duty service, or control of the Active Army.  It establishes standardized
policy
for preparing and distributing the DD Form 214.  This regulation specifies
that the total amount of foreign service completed during the period
covered by the DD Form 214 will be taken from the Enlisted Record Brief or
the Officer Record Brief and will be entered in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant shows he had foreign service in
a hostile fire/imminent danger pay area and was paid HFP/IDP for the period
from 1 April through 31 December 2003.

2.  Additional evidence in the applicant's Official Military Personnel File
shows he was present for duty at Fort Hood, Texas, on 7 October 2003.  The
actual date of his return cannot be established with more certainty.
Therefore, the applicant will be given credit for having foreign service in
the Southwest Asian countries of Kuwait, Egypt, Saudi Arabia, Oman, Qatar,
the United Arab Emirates, Bahrain, Afghanistan, Uzbekistan, Turkey and
Jordan for the period from 1 April through
6 October 2003, a period of 0000 years, 06 months, and 06 days.

3.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 17 December 2003; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 16 December 2006.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

_MJF ___  __LWR__  ___DWS_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing , in item 12f, of the
applicant's DD Form 214, he completed 0000 Years, 06 Months, and 06 Days
foreign service during the period covered by the DD Form 214 he was issued
on his discharge date.




                            _____Michael J. Flynn_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070004734                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070814                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |120.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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