IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080004406 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from March 2003 to March 2004. 

2.  The applicant states, in effect, that he was deployed in Iraq during the period March 2003 to March 2004. 

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

	a.  DD Form 214, dated 9 July 2004.

	b.  A copy of an electronic mail (email), dated 13 February 2008, from an eyewitness who served with the applicant in Iraq. 

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 DD Form 214 shows that he enlisted in the Regular Army for a period of 3 years on 10 July 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19K (M-1 Armor Crewman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 9 July 2004.  The highest rank/grade he attained during this period of military service was private first class (PFC)/E-3. 

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) and his Enlisted Record Brief are not available for review with this case.

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry "0000 00 00," indicating that he did not complete any foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show any awards pertaining to his service in Iraq.

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

7.  The applicant submitted a copy of an email, dated 13 February 2008, from an eyewitness who stated that the applicant served in Iraq in support of Operation Iraqi Freedom from March 2003 to March 2004, as a member of 1st Squadron, 10th Armored Cavalry Regiment.  

8.  An email to the applicant's former Squadron Commander and a telephonic call to his former command sergeant major, both on 5 May 2008, to confirm the applicant's exact dates of service were not answered.

9.  An email from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 5 May 2008, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 March 2003 to 31 March 2004. 

10.  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.  

11.  The Military Awards Branch, Human Resources Command, Alexandria, Virginia, website, shows the 1st Squadron, 10th cavalry, 4th Infantry Division, was awarded the Valorous Unit Award (VUA) from 24 April 2003 to 22 March 2004, based on a pending Department of the Army General Order. 

12.  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.  

13.  Army Regulation 635-5 also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was assigned to a unit that served in Iraq in support of Operation Iraqi Freedom and that the applicant's pay records maintained by DFAS show that the he received HFP/IDP from 1 March 2003 to 31 March 2004.  Furthermore, the applicant's unit was awarded the VUA for its service in Iraq from 22 April 2003 to 22 March 2004.  

2.  The applicant's service in Iraq is therefore not in question; however, his beginning and ending dates of service remain problematic.  

	a.  the beginning date of the unit's approved VUA shows 22 April 2003; yet, the applicant received HFP/IDP for March 2003.  Therefore, in the interest of justice, the applicant's beginning date of service in Iraq should show no later than 31 March 2003; 

	b.  the ending date of the unit's approved VUA is 22 March 2004 and the applicant received HFP/IDP for the month of March 2004.  Therefore, his ending date of service in Iraq should reflect 22 March 2004. 

3.  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 1 March 2003 to 31 March 2004, it appears that the applicant's service from 31 March 2003 to 22 March 2004 is consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to correct his records to show his service in Iraq as 31 March 2003 to 22 March 2004.

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.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030331 to 20040322" to Item 18 of his DD Form 214, dated 9 July 2004"; and 

	b.  deleting the entry "0000 00 00" from Item 12f of his DD Form 214, dated 9 July 2004 and replacing it with the entry "0000 11 21."


								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080004406



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ABCMR Record of Proceedings (cont)                                         AR20080004406



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