IN THE CASE OF:	  

		BOARD DATE:	        24 March 2009

		DOCKET NUMBER:  AR20090000374 


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 overseas in imminent danger in support of Operation Iraqi Freedom (OIF) from 8 June 2005 to 7 June 2006.

2.  The applicant states, in effect, the Retirement Services Officer failed to record her service in support of OIF on her discharge document.

3.  The applicant provides copies of a DA Form 638 (Recommendation for Award), dated 21 December 2005; and DA Form 4980-5 (The Bronze Star Medal Certificate), dated 7 June 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show she enlisted in the U.S. Army Reserve (USAR) in the Delayed Entry Program on 7 February 1983.  She then enlisted in the Regular Army (RA) and entered active duty on 15 March 1983.  Upon completion of basic combat and advanced individual training, she was awarded military occupational specialty 77F (Petroleum Supply Specialist).  The applicant was honorably discharged on 10 January 1990.  At the time she had completed 6 years, 9 months, and 26 days of net active service this period and
1 month and 8 days of total prior inactive service.

2.  The applicant’s military personnel records show she enlisted in the USAR on 6 September 1991.  She then enlisted in the RA and entered active duty on
9 October 1992.  The applicant continued to serve in the RA on active duty and attained the rank of Sergeant First Class/pay grade E-7, effective 1 September 1998.

3.  The applicant's military personnel records contain a DA Form 2166-8 (NCO Evaluation Report) for the period 1 November 2005 through 7 September 2006. Part III (Duty Description), block a (Principal Duty Title) of the DA Form 2166-8 shows the entry “Truckmaster” and block c (Daily Duties and Scope), in pertinent part, contains the phrase, “[c]oordinates, tracks, plans, and supervises all combat logistics patrols within Iraq and Kuwait in support of OIF III/IV.”

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 this period on 9 October 1992 and she was honorably retired from active duty on 31 December 2006, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 12, based on sufficient service for retirement.  At the time she had completed 14 years, 2 months, and 22 days of net active service this period; 6 years, 9 months, and 26 days of total prior active service; 1 year, 2 months, and 10 days of total prior inactive service; and 4 years of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded the Bronze Star Medal, Army Commendation Medal (4th Award), Army Achievement Medal, Army Good Conduct Medal (6th Award), National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and Driver and Mechanic Badge with “M” Bar. Item 18 (Remarks) is absent any information pertaining to service in support of overseas operations.

5.  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 was a Soldier in the RA and she received imminent danger pay for service in a combat zone (i.e., Kuwait) from 1 May 2005 to
31 May 2006.

6.  In support of her application, the applicant provides a copy of a DA Form 638, dated 21 December 2005, and DA Form 4980-5, dated 7 June 2006, that show the applicant was awarded the Bronze Star Medal for meritorious service while assigned as the company truckmaster during the time of hostilities in Iraq in support of OIF from 8 June 2005 to 7 June 2006.  These documents also show that award of the Bronze Star Medal was announced in Headquarters, 3rd Corps Support Command, Permanent Order 158-006, dated 7 June 2006.
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, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

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 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 in support of OIF.

2.  The evidence of record shows the applicant was authorized HFP/IDP during the period 1 May 2005 to 31 May 2006 for her service in an HFP/IDP area (Kuwait) in support of OIF.  The evidence of record also shows that the applicant was awarded the Bronze Star Medal for meritorious service in Iraq in support of OIF from 8 June 2005 to 7 June 2006.  It is noted that the evidence of record shows the applicant served in Kuwait, which is where units routinely initially deploy prior to entry into Iraq.  Thus, the evidence of record supports the applicant’s claim that she served overseas in support of OIF from 8 June 2005 to 7 June 2006.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show this overseas service in Kuwait and Iraq in support of OIF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ____X____  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 adding to item 18 of her DD Form 214 the entry, “SERVICE IN KUWAIT/IRAQ FROM 20050608 - 20060607//NOTHING FOLLOWS.”




      _______ _   _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)                                         AR20090000374



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ABCMR Record of Proceedings (cont)                                         AR20090000374



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