RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 November 2007
      DOCKET NUMBER:  AR20070006001


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 he be paid Hostile Fire
Pay/Imminent Danger Pay (HFP/IDP) for his temporary duty (TDY) assignment
to Peru during the period 30 April through 30 May 2001.

2.  The applicant states, in effect, that according to the Department of
Defense Financial Management Regulation (DODFMR) he is entitled to HFP/IDP
for the period of his TDY in Peru.  He claims the military should have
automatically paid him at the time he served.

3.  The applicant provides TDY Orders and Settlement Vouchers in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  On 6 August 1991, the applicant was appointed a second lieutenant in
the United States Army Reserve (USAR).

3.  On 15 August 1996, the applicant was ordered to active duty to fulfill
his active duty commitment as a 4-year obligated volunteer officer.  He
continued to serve on active duty until 30 September 2003, at which time he
was honorably released from active duty, in the rank of major, after
completing 7 years, 1 month and 16 days of active duty service.

4.  The applicant provides Travel Order RD10202, dated 30 October 2000,
which directed his TDY to Peru for 14 days.  These orders contain no
reference to HFP/IDP.  He also provides a settlement voucher that shows he
departed Maryland on 7 November 2000, arrived in Peru on 8 November 2000
and remained in Peru until departing for his return on 21 November 2000.
5.  The applicant also provides Travel Order RD03282, dated 21 March 2001,
which directed his TDY to Peru for 25 days.  These orders contain no
reference to HFP/IDP.  He also provides a settlement voucher that shows he
departed Maryland on 30 April 2001, arrived in Peru on 30 April 2001, and
remained in Peru until departing for his return on 30 May 2001.

6.  The applicant's Official Military Personnel File (OMPF) is void of pay
records and the applicant has failed to provide Leave and Earnings
Statements (LES).

7.  Volume 7A (Military Pay Policy and Procedure) of the DODFMR provides
statutory provisions for entitlements, deductions, and collections, and
establishes Department of Defense policy on the pay and allowances of
military personnel.  Chapter 10 provides the policy on HFP/IDP.  Paragraph
100101B states that IDP is payable when a member is on official duty in a
designated IDP area.  Figure 10-1 identifies IDP areas and lists Peru for
the period 1 April 1987 through
31 December 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to HFP/IDP for the period he was
TDY in Peru was carefully considered.  However, there is insufficient
evidence to support this claim.

2.  The DODFMR does confirm that IDP is payable when a member is on
official duty in a designated IDP area.  Although the evidence of record
confirms the applicant was on official duty in Peru during the months of
November 2000 and May 2001.  The TDY orders and settlement vouchers he
provides confirm he did not receive HFP/IDP as part of his TDY settlement;
however, there are no pay records remaining in his OMPF and he has failed
to provide LESs.  As a result, it is impossible to determine that he was
not paid HFP/IDP for the periods in question.  Therefore, there is an
insufficient evidentiary basis to support granting the requested relief.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW __  __LMD  _  __MJF   _  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.




                                  ____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006001                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/09/30                              |
|DISCHARGE AUTHORITY     |AR 600-8-24                             |
|DISCHARGE REASON        |Completion of Req Svc                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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