RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20080000792 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 Item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq. 

2.  The applicant states that he served in Iraq from March 2003 to August 2003 and that his service in not shown on his DD Form 214. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 31 October 2003.

	b.  Orders 029-017, dated 29 January 2003, Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas.

	c.  Orders 237-0267, dated 25 August 2003, Headquarters, III Corps and Fort Hood, Fort Hood, Texas.

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.  The applicant's record shows that he enlisted in the Regular Army for a period of 4 years on 27 April 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63H (Track Vehicle Repairer).  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 31 October 2003.  

3.  Item 35 (Current and Previous Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record) and Section G (Assignment History) of his Enlisted Record Brief do not show he completed any foreign service.

4.  Item 18 (Remarks) of the applicant's DD Form 214 does not list any foreign service. 

5.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas, Orders 029-017, dated 29 January 2003, show that the 204th Aviation Battalion was directed to proceed on temporary change of station (TCS) from Fort Hood, Texas, to the U.S. Central Command (CENTCOM) Area of Responsibility (AOR), for a period of 179 days, in support of Operation Enduring Freedom.  

6.  The applicant’s record contains a certificate showing he was awarded the Army Commendation Medal, while serving as a Hercules Operator and Mechanic with B Company, 588th Engineer Battalion, during Operation Iraqi Freedom, from 7 April 2003 to 15 July 2003.  

7.  An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 17 April 2008, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 April 2003 to 31 July 2003. 

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 total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  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).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his military records to show his foreign service in Iraq.

2.  The applicant’s record contains a copy of certificate awarding him the Army Commendation Medal for his service in Iraq from 7 April 2003 to 15 July 2003.  Furthermore, the applicant received HFP/IDP from 1 April 2003 to 31 July 2003 as verified by DFAS.  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 he received HFP/IDP from April 2003 to July 2003, it appears that the period of service in Iraq on his award certificate is consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to show he served in Iraq from 7 April 2003 to 15 July 2003 and is entitled to correction of his records to show this foreign service. 

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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.  deleting the entry "0000 00 00" from Item 12f of his DD Form 214, dated 31 October 2003, and replacing it with the entry "000 03 09"; and

	b.  adding the entry "Service in Iraq from 20030407 - 20030715" to
Item 18 of his DD Form 214, dated 31 October 2004.



							XXX
      	______________________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000792



5


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