IN THE CASE OF:	

		BOARD DATE:	  	15 January 2009

		DOCKET NUMBER:  AR20080017600 


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, in effect, correction of her discharge document to show she served in Iraq in support of Operation Iraqi Freedom.

2.  The applicant states, in effect, she deployed overseas and served 4 months in Iraq; however, this foreign service is not recorded on her discharge document.

3.  The applicant provides copies of Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky, Orders 055-723, dated
24 February 2003; Universal Credit Card Charge Form, dated 25 May 2003; and DD Form 1351-2 (Travel Voucher or Subvoucher), dated 16 June 2003 in support of her application.

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 military personnel records show she enlisted in the U.S. Army Reserve for a period of 8 years on 2 May 2002 and entered the Delayed Entry Program.  She then enlisted in the Regular Army for a period of 4 years and entered active duty on 14 May 2002.  Upon completion of basic combat and advanced individual training, she was awarded military occupational specialty (MOS) 75B (Personnel Administrative Specialist).

3.  The applicant's military personnel records are absent any evidence that shows she deployed overseas.

4.  The applicant’s military personnel records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows she entered active duty on 14 May 2002 and was honorably released from active duty on 17 June 2003, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-8, based on parenthood.  At the time she had completed 1 year, 1 month, and 4 days net active service this period.  Item
12 (Record of Service), block f (Foreign Service), shows she completed
“0000” [years], “00” [months], and “00” [days] foreign service.  Item 18 (Remarks) is absent any information pertaining to service in support of overseas operations.

5.  In support of her application, the applicant provides the following documents.

     a.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky, Orders 055-723, dated 24 February 2003, that shows, in pertinent part, the applicant was reassigned and deployed with her unit in support of Operation Enduring Freedom for a period of 179 days with a Will Proceed Date of on or about 5 March 2003.  The orders also show the unit’s personnel were authorized travel in Egypt, Saudi Arabia, Kuwait, Oman, Bahrain, Qatar, United Arab Emirates, Pakistan, Afghanistan, Turkey, Uzbekistan, Bagram, and Cuba (list not all-inclusive) and that variation in travel was authorized.  The orders further show, in pertinent part, that Imminent Danger Pay and Hardship Duty Pay were authorized for service in Djibouti and Kuwait.

     b.  Universal Credit Card Charge Form that shows the applicant was issued an airline ticket by Al Branim Travel in Kuwait on 25 May 2003 for air travel from Kuwait International (Kuwait) to Bahrain International (Bahrain) to Amsterdam Schiphol (Netherlands) to Detroit Wayne County, Michigan (United States).

     c.  DD Form 1351-2, dated 16 June 2003, that shows, in pertinent part, the applicant documented she departed Fort Campbell, Kentucky on 26 February 2003; arrived at and departed Frankfurt (Germany) on 27 February 2003; and arrived in Kuwait City (Kuwait) on 28 February 2003.  This document also shows that she departed Kuwait City (Kuwait) on 26 May 2003; arrived at and departed Amsterdam (Netherlands) on 26 May 2003; and arrived in Detroit (Michigan) on 26 May 2003.

6.  In connection with the processing of this case, coordination was made with Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana.  This coordination revealed that DFAS records show the applicant served in Saudi Arabia and received imminent danger pay for service from 1 March 2003 to 30 April 2003.

7.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that Hostile Fire Pay (HFP)/Imminent Danger Pay (IDP) is payable at a monthly rate.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

9.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.
The instructions for Item 12 state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also provides for Item 12, block f, to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB.  The instructions for Item 18 state to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.  It also states, in pertinent part, that 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 Country Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her DD Form 214 should be corrected to show she served overseas for a period of 4 months in Iraq.

2.  There is no evidence of record, and the applicant provides insufficient evidence, to show that she served 4 months in Iraq.

3.  The evidence of record confirms that the applicant departed the United States for service overseas on 27 February 2003 and returned to the United States on 26 May 2003.  This period of service equates to 3 months and 0 days of foreign service.  Therefore, Item 12, block f of the applicant’s DD Form 214 should be corrected to show she completed 3 months of foreign service.

4.  The evidence of record shows the applicant arrived in Kuwait City (Kuwait) on 28 February 2003 and departed on 26 May 2003.  The evidence of record also shows that DFAS records show the applicant was authorized HFP/IDP during the period 1 March 2003 to 30 April 2003 for service in a HFP/IDP area.  However, the preponderance of evidence shows the applicant served in the theater of operations from 28 February 2003 to 26 May 2003.  Therefore, the applicant’s DD Form 214 should be corrected to show she deployed with her unit and served overseas in Kuwait from 28 February 2003 to 26 May 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X___  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  deleting from Item 12, block f of her DD Form 214 the entry “0000” [years], “00” [months], and “00” [days];

     b.  adding to Item 12, block f of her DD Form 214 the entry “0000” [years],  “03” [months], and “00” [days]; and

     c.  adding to Item 18 of her DD Form 214 the entry, “SERVICE IN KUWAIT FROM 20030228 - 20030526//NOTHING FOLLOWS.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to 4 months of foreign service in Iraq.




      _______ _   _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.

ABCMR Record of Proceedings (cont)                                         AR20080017600



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ABCMR Record of Proceedings (cont)                                         AR20080017600



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