IN THE CASE OF:	  

		BOARD DATE:	        10 February 2009

		DOCKET NUMBER:  AR20080009644 


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) as follows:

	a.  Item 12c (Net Service This Period) to show "3 years, 5 months, and 21 days" instead of "5 years, 5 months, and 22 days"; and

	b.  Item 18 (Remarks) as follows:

		(1)  Change period of Delayed Entry Program (DEP) from current entry "20020610-20020821" to "20050507-20050802"; 

		(2)  Remove the entry "Retained in service 541 days for the convenience of the government" and replace it with the correct entry; 

		(3)  Change service in Iraq from current entry "20060815-20070830" and "20050128-20050615" to only one entry "20060815-20071107."

2.  The applicant states that his DD Form 214 contains several administrative errors. 

3.  The applicant provides a copy of his DD Form 214, dated 12 February 2008, in support of his request.  



CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) under the DEP for a period of 8 years on 7 February 2005.  He was discharged from the DEP on 2 August 2005 and enlisted in the Regular Army for a period of 2 years and 16 weeks on 3 August 2005.  

2.  The applicant's records also show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman) on or about 1 December 2005.  Upon completion of MOS training, the applicant was reassigned to the 4th Battalion, 31st Infantry and attained the rank/grade of specialist/E-4. 

3.  The applicant’s records further show he was honorably separated and transferred to the USAR Control Group (Reinforcement) on 13 February 2008.  The DD Form 214 he was issued shows the following entries:

	a.  Item 11 (Primary Specialty) shows the entry "11B1O, Infantryman, 5 years and 1 month";

	b.  Item 12c shows the entry "0005  05  22" indicating he completed 5 years, 5 months, and 22 days; 

	c.  Item 12f (Foreign service) shows the entry “0002  01  15”; and

	d.  Item 18 shows the following entries:

		(1)  Period of Delayed Entry Program "20020610-20020821"; 

		(2)  "Retained in service 541 days for the convenience of the Government"; and

		(3)  Service in Iraq from "20060815-20070830" and "20050128-20050615." 

4.  Section I (Assignment Information) of the applicant’s Enlisted Record Brief (ERB) shows he served in Kuwait/Iraq from 16 August 2006 to 7 November 2007.  

5.  An electronic mail (e-mail) from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 27 January 2009, confirms the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 August 2006 to 30 November 2007 in Kuwait.
6.  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.  

7.  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.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  Item 11 shows the Primary Specialty.  Obtained from the ERB/ORB, this entry shows the titles of all MOSs served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

	b.  Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in Item 12 is as follows:

		(1)  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.

		(2)  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if a Soldier is separated early, voluntarily extends, or is extended to make up lost time, or retained on active duty for the convenience of the Government.

		(3)  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted and such time will be identified in block 18. 

		(4)  Item 12d, obtained from a previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00.”

		(5)  Item 12e is obtained from a previously issued DD Form 214 and/or ERB/ORB, shows the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory MSO, and will be entered in block 18.

		(6)  Item 12f is obtained from the ERB/ORB and shows the total amount of foreign service completed during the period covered in block 12c of the DD Form 214.

	c.  Item 18 is used for mandatory requirements when a separate block is not available.  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 evidence of record shows that the applicant enlisted in the USAR under the DEP on 7 February 2005 and was discharged from the DEP on 2 August 2005.  Therefore, he is entitled to correction of his DD Form 214 to show the correct period of service in the DEP.

2.  The evidence of record shows that after completing 5 months and 28 days in the DEP, the applicant enlisted in the Regular Army and entered active duty on 3 August 2005.  He was honorably separated on 13 February 2008.  DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  Therefore, he completed 2 years, 6 months, and 11 days of active federal service and is entitled to correction of his DD Form 214 to show this period of net active service.  

3.  The evidence of record shows that the applicant served in Iraq from 15 August 2006 to 7 November 2007.  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 August 2006 to 30 November 2007, it appears that the applicant's service from 15 August 2007 to 7 November 2007 is consistent with his pay records at DFAS. Therefore, there is sufficient evidence to correct his records to show his 1 year, 2 months, and 24 days of service in Kuwait/Iraq as 15 August 2006 to                 7 November 2007 and to show this period of service in Iraq as his correct period of foreign service.

4.  The evidence of record shows that the applicant was awarded MOS 11B on or about 1 December 2005.  He was honorably separated on 13 February 2008.  Therefore, he served a period of 2 years and 2 months in this MOS and is entitled to correction of his DD Form 214 to show the number of years and months in his primary specialty.

5.  The evidence of record shows that the applicant enlisted for 2 years and 16 weeks on 3 August 2005.  He should have been separated on or about 2 December 2007.  However, he was retained in the service for a period of 73 days for the convenience of the government and is entitled to correction of his DD Form 214 to show this period. 

BOARD VOTE:

___X____  ___X____  ___X____  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 "5 years and 1 month" from Item 11 of his DD Form 214 and adding the entry "2 years and 2 months"; 

	b.  deleting the entry "0005  05  22" from Item 12c of his DD Form 214 and adding the entry "0002  06  11"; 

	c.  deleting the entry "0002  01  15" from Item 12f of his DD Form 214 and adding the entry "0001  02  24"; 


	d.  deleting the entry “Retained in service 541 days for the convenience of the Government” from Item 18 and adding the entry “Retained in service 73 days for the convenience of the Government”; and

	e.  deleting the entries "Service in Iraq 20060815-20070830 and 20050128-20050615" and adding the entry "Service in Kuwait/Iraq from 15 August 2006 to 7 November 2007."



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      _______ _   _______   ___
       	   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)                                         AR20080009644



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ABCMR Record of Proceedings (cont)                                         AR20080009644



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