IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080011654
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 Item 12f (Foreign Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Qatar, Egypt, and Iraq.
2. The applicant states that the entry that shows her foreign service is incorrect because it does not show that while she was assigned to the 410th Military Police Company at Fort Hood, Texas, she deployed to Egypt in 2001, in support of Operation Bright Star, and also served in Qatar and Iraq during the 2002-2003 time frame.
3. The applicant provides a copy of her DD Form 214, dated 13 July 2005; a copy of Permanent Orders 247-1, dated 4 September 2001, and a list of Soldiers placed on Temporary Change of Station Orders for Exercise Bright Star; and a copy of DA Form 638 (Recommendation for Award), dated 2 July 2003, showing award of the Army Commendation Medal, in support of her request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that she enlisted in the Regular Army for a period of 5 years on 26 March 1999. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31B (Military Police). She was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 13 July 2005. The highest rank/grade she attained during her military service was sergeant (SGT)/E-5.
2. Item 35 (Current and Previous Assignments) of the applicants DA Form 2-1 (Personnel Qualification Record) shows she served a 12-month tour in Korea from 7 December 1999 to 6 December 2000.
3. Upon completion of her Korea tour, the applicant was reassigned to the 410th Military Police Company, 89th Military Police Brigade, Fort Hood, Texas.
4. On or around 17 September 2001, the applicant deployed with her unit in a Temporary Change of Station (TCS) to Egypt in support of Exercise Bright Star, a joint level exercise which included the deployment of Reserve Component (RC) and Active Component (AC) Soldiers to Egypt. She returned to Fort Hood on an unknown date in November 2001.
5. Headquarters 220th Military Police Brigade, Permanent Order Number 182-014, dated 2 July 2003, shows the applicant was awarded the Army Commendation Medal for meritorious achievement while assigned to the 410th Military Police Company, in Qatar and Iraq, during the period 13 November 2002 to 30 June 2003.
6. Item 12f of the applicants DD Form 214 shows the entry 0001 11 09 and Item 18 (Remarks) shows the entry Service in Iraq 040404 to 050312.
7. An electronic mail (e-mail) from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 8 September 2008, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 September 2001 to 30 November 2001 (Egypt), 1 November 2002 to 31 March 2003 (Qatar), and 1 April 2003 to 31 July 2003 (Iraq).
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 the Soldier 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 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. Chapter 2 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 Soldiers Enlisted/Officer Record Brief. Additionally, the Remarks" block of the Soldier's DD Form 214 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 the applicant completed a total of 2 years and 9 months of foreign service, and she is entitled to correction of her records to show the following periods of foreign service:
a. she served in Korea for 1 year, from 7 December 1999 to 6 December 2000;
b. she served in Egypt for a period of 2 months, from 17 September 2001 to on or about 17 November 2001 (Exercise Bright Star lasted 2 months). These dates are consistent with her pay records at DFAS;
c. she served in Qatar/Iraq for a period of 7 months and 19 days, from 13 November 2002 to 30 June 2003; dates that are also consistent with her pay records at DFAS; and
d. she served in Iraq for a period of 11 months and 9 days, from 4 April 2004 to 12 March 2005; a period which is already shown on her records.
2. The applicant is entitled to correction of her DD Form 214 to show all periods of deployment.
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 "0001 11 09" from Item 12f of her DD Form 214, dated 13 July 2005, and replacing it with the entry "0002 09 00"; and
b. adding the following entries to Item 18 of her DD Form 214, dated 13 July 2005: "Service in Egypt 2001 09 17 to 2001 11 17 and Service in Qatar/Iraq 2002 11 13 to 2003 06 30."
_______ _ X _______ ___
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.
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