IN THE CASE OF:	  

		BOARD DATE:	       12 February 2009

		DOCKET NUMBER:  AR20090000179 


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 foreign service in Iraq from 11 March 2004 to 10 March 2005.

2.  The applicant states, in effect, that he was deployed in Iraq from 11 March 2004 to 10 March 2005.

3.  The applicant provided a copy of a DA Form 638 (Recommendation for Award), dated 26 January 2005, that shows he was awarded the Army Commendation Medal in support of his 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 records show he enlisted in the Regular Army for a period of 3 years on 22 August 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  Upon completion of MOS training, the applicant was assigned to Company A, 2nd Battalion, 5th Infantry, Fort Hood, Texas.  He attained the rank/grade of specialist/E-4 and was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 21 August 2005.

4.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the entry "0000 01 02" indicating that he completed 1 month and 2 days of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded, among other awards, the Iraq Campaign Medal and the Combat Infantryman Badge.

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

7.  The applicant submitted a copy of a DA Form 638, dated 26 January 2005, that shows he was awarded the Army Commendation Medal for meritorious service during Operation Iraqi Freedom II from 11 March 2004 to 10 March 2005.

8.  An electronic mail message from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 27 January 2009, confirms that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 1 March 2004 to 31 March 2005.

9.  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.

10.  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.  Chapter 2 of this regulation 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 served in Kuwait/Iraq from 11 March 2004 to 10 March 2005, as reflected on his award of the Army Commendation Medal.  Furthermore, the applicant’s pay record shows he received HFP/IDP from 1 March 2004 to 31 March 2005.

2.  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 2004 to 31 March 2005, it appears that the applicant's service from 11 March 2004 to 10 March 2005 is consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to correct his records to show he completed a period of 1 year of foreign service in Iraq from 11 March 2004 to 10 March 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 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 20040311 to 20050310" to item 18 of his DD Form 214, and 

	b.  deleting the entry "0000 01 02" from item 12f of his DD Form 214 and adding the entry "0001 00 00."


															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)                                         AR20090000179



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ABCMR Record of Proceedings (cont)                                         AR20090000179



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