RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 February 2008
DOCKET NUMBER: AR20070015921
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. John G. Heck
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her:
a. service in Kuwait-Iraq as 2003 03 01 to 2004 02 29 instead of "2003 03 06 to 2004 03 06; and
b. service in Iraq as 2005 08 27 to 2006 08 23 instead of "2005 09 09 to 2006 08 23.
2. The applicant states, in effect, that the incorrect deployments dates were entered on her DD Form 214 due to an administrative oversight.
3. The applicant provides a copy of her Soldier Deployment History Outprocessing Report, dated 5 September 2007, in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that she enlisted in the Regular Army on 8 January 2001 for a period of 3 years. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist). Her records further show she reenlisted in the Regular Army on 29 September 2003 for a period of 4 years. She was honorably released from active duty on 28 September 2007. The highest grade she held during her military service was specialist (SPC)/E-4.
2. The applicants awards and decorations include the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal (2nd Award), the National Defense Service Ribbon, the Global War on Terrorism Service and Expeditionary Medals, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), and the Air Assault Badge.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) and her Enlisted Record Brief are not available for review with this case.
4. Item 12f (Foreign Service) of the applicants DD Form 214 shows she completed 1 year, 11 months, and 16 days of foreign service.
5. Item 18 (Remarks) of her DD Form 214 shows she served in Kuwait and Iraq from 6 March 2003 to 6 March 2004 and in Iraq from 9 September 2005 to 23 August 2006.
6. The applicants Soldier Deployment History Outprocessing Report, dated 5 September 2007, shows she served in a named operation in support of national emergency from 1 March 2003 to 29 February 2004 and from 27 August 2005 to 22 August 2006.
7. An electronic mail (email) from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 6 February 2008, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 March 2003 to 29 February 2004 and from 1 August 2005 to 31 August 2006.
8. Hostile Fire/Imminent Danger Pay (HFP/IDP) is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was: subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.
10. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), or 14 (Military Education). For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD YYYMMDD).
11. Army Regulation 600-8-101 (Personnel Processing, In-Out; Soldier Readiness, Mobilization, and Deployment Processing) prescribes policy, standards, and requirements for performing the functions of in-processing, the Soldier Readiness Program, mobilization processing, extended temporary duty processing, deployment processing, and out-processing. Paragraph 3-4 of this regulation states in pertinent part, that in order to ensure adequate time for correction of any identified errors, the departing Soldier will review his or her PERSTEMPO Individual Event History Sheet at least 30 days before departure. This document will be signed by a unit official and the soldier, placed in the Soldiers records, and hand carried by the Soldier to the gaining unit.
DISCUSSION AND CONCLUSIONS:
1. With respect to the applicant's service in Kuwait-Iraq from 2003 to 2004:
a. The applicant's Soldier Deployment History Outprocessing Report shows that she served from 1 March 2003 to 29 February 2004.
b. Pay records maintained by DFAS show that she received HFP/IDP from 1 March 2003 to 29 February 2004.
c. The applicant's deployment history report is consistent with her pay records at DFAS. Therefore, there is sufficient evidence to correct her records to show her service in Kuwait-Iraq as 1 March 2003 to 29 February 2004.
2. With respect to the applicant's service in Iraq from 2005 to 2006:
a. The applicant's Soldier Deployment History Outprocessing Report shows that she served in Iraq from 27 August 2005 to 22 August 2006.
b. Pay records maintained by DFAS show that the she received HFP/IDP from 1 August 2005 to 31 August 2006.
c. Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area and since the applicant's pay records show that she received HFP/IDP from August 2005 to August 2006, it appears that the applicant's deployment history report is more consistent with her pay records at DFAS than her DD Form 214. Therefore, there is sufficient evidence to correct her records to show her service in Kuwait-Iraq as 27 August 2005 to 23 August 2006.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lds___ __lmd___ __jgh___ 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. deleting the entry "Service in Kuwait-Iraq 2003 03 06 to 2004 03 06" from Item 18 of her DD Form 214, dated 28 September 2007 and replacing it with the entry "Service in Iraq-Kuwait 2003 03 01 to 2004 02 29;"
b. deleting the entry "Service in Iraq 2005 09 09 to 2006 08 23" from Item 18 of her DD Form 214, dated 29 September 2007, and replacing it with the entry "Service in Iraq 2005 08 27 to 2006 08 23;" and
c. deleting the entry "0001 11 16" from Item 12f of her DD Form 214, dated 29 September 2007 and replacing it with the entry "0001 11 26."
Linda D. Simmons
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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