IN THE CASE OF:	  

		BOARD DATE:	        30 JUNE 2009

		DOCKET NUMBER:  AR20080018266 


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 reconsideration of his earlier request that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his foreign service in Iraq. 

2.  The applicant states he served in Iraq from 11 October 2004 to 15 July 2005 and that this period is not shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, dated 1 October 2005; a copy of Orders 04-239-00062 and Orders 04-239-00053, issued by the 89th Regional Readiness Command (RRC) Wichita, KS, on 26 August 2004; an unsigned copy of a DD Form 1351-2 (Travel Voucher or Subvoucher), dated 24 October 2005; a copy of a verification of individual deployment memorandum, dated 31 March 2005; a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 25 June 2005, showing award of the Army Commendation Medal; a copy of a DA Form 4856 (Developmental Counseling Form), dated31 March 2005; a copy of Permanent Orders 281-200 and Orders 262-0006 issued by Headquarters, 24th Infantry Division (Mechanized) and Fort Riley, Fort Riley, KS, on 7 October 2004 and 19 September 2005; a copy of Orders A-08-518045, issued by the U.S. Army Human Resources Command, (HRC), Alexandria, VA, on 29 August 2005; a copy of a DA Form 31 (Request for Authority for Leave), dated 31 March 2005; and a copy of a DA Form 4187 (Personnel Action), dated 1 December 2004, in support of his request. 



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080009361, on 9 October 2008.

2.  The applicant submitted a copy of Orders 04-239-00062 and Orders 04-239-00053, issued by the 89th RRC Wichita, KS, an unsigned copy of a DD Form 1351-2, a copy of a verification of individual deployment memorandum, a copy of a DA Form 638 and certificate, showing award of the Army Commendation Medal, a copy of a DA Form 4856, a copy of Permanent Orders 281-200 and Orders 262-0006 issued by Headquarters, 24th Infantry Division (Mechanized) and Fort Riley, Fort Riley, KS, a copy of Orders A-08-518045, issued by the HRC-Alexandria, VA, a copy of a DA Form 31, and a copy of a DA Form 4187 which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he enlisted in the U.S. Army Reserve for a period of 8 years on 27 February 2004.  He subsequently entered active duty for training (ADT) on or about 17 March 2004, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  He was released from active duty to the control of his USAR unit on or around 18 August 2004.  He was assigned to the 445th Transportation Company, Waterloo, IA.

4.  On 26 August 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom.  After a period of train-up, Headquarters, 24th Infantry Division (Mechanized), Fort Riley, KS, published Permanent Orders 281-200, on 7 October 2004, directing the applicant's unit of assignment, 445th Transportation Company, temporary change of station (TCS) in support of Operation Iraqi Freedom, effective on or about 10 October 2004.  

5.  On or about 15 July 2005, the applicant departed Iraq to Germany for an unknown medical condition.  He subsequently departed Germany to Fort Riley, KS, where he was assigned to the Medical Retention Processing Program to complete medical care and treatment.  

6.  The applicant's records further show he was honorably discharged on 1 October 2005.  The DD Form 214 he was issued shows he completed 1 year, 1 month, and 11 days of creditable active military service.  

7.  Item 12f (Foreign Service) of this form does not show completion of any foreign service.

8.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show his service in Iraq.

9.  The applicant submitted a copy of a DA Form 638 and certificate, dated 22 June 2005, that show he was awarded the Army Commendation Medal for meritorious service in assigned duties during hostilities in support of Operation Iraqi Freedom from 9 August 2004 to 30 September 2005.

10.  The applicant submitted a copy of an unsigned DA Form 1351, dated 24 October 2005, that shows he departed Fort Riley, KS, on 10 October 2004 and arrived in Iraq on 11 October 2004.  He then departed Iraq and arrived in Germany on 15 July 2005.  He departed Germany and arrived at Fort Riley on 28 July 2005.

11.  The applicant submitted a copy of his DA Form 31 and DA Form 4856 which show he departed Iraq on rest and relaxation (R& R) leave from 22 April 2005 to 6 May 2005. 

12.  An electronic mail message from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 12 May 2009, confirms that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 1 August 2004 to 30 September 2005.

13.  HFP/IDP is a military entitlement paid for any month 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.  HFP/IDP is paid for the entire month regardless of the date the Soldier arrives in or departs the HFP/IDP designated area.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his/her 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 Soldier’s Enlisted/Officer Record Brief.  Additionally, item 18 (Remarks) 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-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record shows he served in Iraq from 10 October 2004 to 15 July 2005.  He received HFP/IDP from 1 August 2004 to 30 September 2005. Although the applicant's period of service in Iraq appears to be inconsistent with his pay records at DFAS, the applicant submitted sufficient documents in the form of a certificate showing award of the Army Commendation Medal, a TCS order, a DA Form 31 showing R& R leave from Iraq, and an unsigned travel voucher that show he served in Iraq at least from 10 October 2004 to 15 July 2005.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 9 months and 5 days of foreign service in Iraq from 10 October 2004 to 15 July 2005.

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 amendment of the ABCMR’s decision in Docket Number AR20080009361, dated 9 October 2008.  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 and adding the entry "0000  09  05"; and

	b.  adding the entry "Service in Iraq from 10 October 2004 to 15 July 2005." 




      _______ _   _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)                                         AR20080018266



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ABCMR Record of Proceedings (cont)                                         AR20080018266



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