RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 February 2008
DOCKET NUMBER: AR20070013417
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Ms. Rose M. Lys
Member
Mr. Qawiy A. Sabree
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, correction of his records to show his service in Iraq from 25 March 2003 through 17 December 2003.
2. The applicant states, in effect, that his dates of service in Iraq are incorrect and should be corrected.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); copy of his DD Form 215 (Correction to DD Form 215); and a copy of his PCS (Permanent Change of Station) Orders, with amendment, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 March 2001, with prior service in the Army National Guard. He was trained as a combat engineer, in military occupational specialty (MOS) 21B (combat engineer). He was advanced to pay grade E-4 effective 1 October 2002. He continued to serve until he was honorably discharged on 21 October 2005, under the provisions of Army Regulation 635-40, chapter 4, paragraph 4-24B(3) for disability, with severance pay.
2. Item 12f (Foreign Service), on his DD Form 214, shows the entry, "0000 00 00."
3. The applicant provided a copy of his DD Form 215 (Correction to DD Form 214) which shows that item 12f was corrected to show the entry "0000 02 05" (2 months and 5 days); that he was awarded the Army Commendation Medal; and to show that he served in Iraq from 20030325 to 20030525 (25 March 2003 to 25 May 2003).
4. A review of the applicant's ERB (Enlisted Record Brief) shows that he completed 36 months of overseas service in Germany.
5. The applicant provided a copy of PCS orders, with amendment, which show that he was to proceed from Germany to Fort Carson, Colorado, with an availability dated of 12 March 2004, amended to show a new availability date of 25 March 2004.
6. Information provided by DFAS (Defense Finance and Accounting Service) revealed that the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) from February 2003 through December 2003.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item
12f. The regulation also states that the amount of foreign service will be taken from the Soldiers Enlisted Qualification Record or, if necessary, verified from the
Soldiers Military Personnel Records Jacket. For active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in item 18 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant completed 36 months of overseas service in Germany, which equates to 3 years.
2. The information provided by DFAS revealed that the applicant received HFP/IDP from February 2003 through December 2003, while deployed to Iraq, with his parent unit of assignment whose home station of assignment was located overseas in Germany. Therefore, he is entitled to correction of item 12f (Foreign Service) of his DD Form 214 to show the entry "0003 00 00" (3 years) and item 18 (Remarks) of his DD Form 214 to show the entry "SERVICE IN IRAQ FROM 20030201-20031231."
BOARD VOTE:
___QS__ ___RML__ __WDP _ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing the entry "0003 00 00" in item 12f (Foreign Service) of his DD Form 214; and
b. showing the entry, "SERVICE IN IRAQ FROM 20030201 - 20031231" in item 18 (Remarks) of his DD Form 214.
_____William D. Powers____
CHAIRPERSON
INDEX
CASE ID
AR20070013417
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2008
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20051021
DISCHARGE AUTHORITY
AR 635-40, para 4-24b(3)
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
110/100
2.
3.
4.
5.
6.
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