IN THE CASE OF:	  

		BOARD DATE:	        27 MAY 2009

		DOCKET NUMBER:  AR20090000806 


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 service in Afghanistan in support of Operation Enduring Freedom.

2.  The applicant states that his DD Form 214 lists his foreign service but does not specify the name of the operation.

3.  The applicant provides a copy of his DD Form 214, dated 19 January 2004, and a copy of his Service Member Deployment History Outprocessing Verification, dated 5 January 2004, in support of his request.

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.  With prior service in the U.S. Army Reserve, the applicant's records show he enlisted in the Regular Army for a period of 3 years on 24 January 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).  

3.  The applicant's records further show he was discharged on 19 January 2004. The DD Form 214 he was issued shows he completed 1 year, 11 months, and 4 days of creditable active military service.

4.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 7 months and 26 days of foreign service.

5.  Item 18 (Remarks) of his DD Form 214 does not show he served in a Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) zone.

6.  The applicant submitted a copy of his Service Member Deployment History Outprocessing Verification, dated 5 January 2004, which shows he served in a named operation from 10 December 2002 to 5 August 2003.

7.  An electronic mail (email), dated 2 February 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received HFP/IDP from 1 December 2002 to 31 August 2003 in Afghanistan.

8.  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.  

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 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.  
10.  Chapter 2 of Army Regulation 635-5 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.  The "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available and as a continuation for selected entries.  For an active duty Soldier deployed with his/her unit during their continuous period of active service, the following statement is entered in item 18: "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form 214 to show his foreign service in Afghanistan in support of Operation Enduring Freedom.

2.  The applicant’s deployment history outprocessing verification record that shows he served in a named operation from 10 December 2002 to 5 August 2003 is consistent with the period of foreign service shown on his DD Form 214.  Additionally, the applicant received HFP/IDP from 1 December 2002 to 31 August 2003 as verified by DFAS.  

3.  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 December 2002 to August 2003, it appears that the period of service in Afghanistan is consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to show he served in Afghanistan from 10 December 2002 to 5 August 2003 and is entitled to correction of his DD Form 214 to show this foreign-service.

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 adding the entry "Service in Afghanistan 20021210-20030805" to Item 18 of his DD Form 214, dated 19 January 2004.




      _______ _ 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)                                         AR20090000806





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ABCMR Record of Proceedings (cont)                                         AR20090000806



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