DOCKET NUMBER:  AR20090002132 


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 his discharge document to show he served in Kuwait and Iraq in support of Operation Iraqi Freedom (OIF).

2.  The applicant states, in effect, he arrived in Kuwait in January 2003, participated in the initial invasion of Iraq, departed Iraq in June 2003 for Kuwait, and departed Kuwait in July 2003; however, this service is not recorded on his discharge document.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 30 April 2006; The Army Commendation Medal Certificate, dated 5 May 2003; and Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, Georgia, Permanent Orders 095-53, dated 5 April 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve for a period of 8 years on 26 May 1994 in the Delayed Entry Program (DEP).  He was discharged from the DEP on 13 September 1994 and enlisted in the Regular Army (RA) for a period of 4 years on 14 September 1994.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 63H (Tracked Vehicle Mechanic).

2.  The applicant continued to serve on active duty in the RA.  His records also show that he served in Albania, Kosovo, and Macedonia from 6 March 1999 to 5 July 1999 and from 2 November 2000 to 16 May 2001.

3.  The applicant’s DD Form 214 shows he entered active duty this period on 14 September 1994 and was honorably discharged on 30 April 2006 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, based on completion of required active service and transferred to the South Carolina Army National Guard.  At the time he had completed 11 years, 7 months, and 17 days of net active service.  Item 18 (Remarks), in pertinent part, shows he served in Kuwait/Iraq from 5 January 2002 to 1 June 2002 and from 15 January 2005 to 16 January 2006.

4.  In support of his application, the applicant provides the following documents.

	a.  The Army Commendation Medal Certificate, dated 5 May 2003, shows the applicant was awarded the Army Commendation Medal for exceptionally meritorious service as a Technical Inspector for the 1st Battalion of the 10th Field Artillery Maintenance Support Team during OIF from 8 January 2003 to 17 April 2003.

	b.  Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, Georgia, Permanent Orders 095-53, dated 5 April 2006, that show the applicant was awarded the Combat Action Badge for having actively engaged or been engaged by the enemy on 6 April 2003.

5.  In connection with the processing of this case, an Army Board for Correction of Military Records (ABCMR) staff member contacted the applicant via electronic mail in an effort to verify the specific dates he arrived in, and departed from, Kuwait.  In response, the applicant indicated that he deployed from Fort Benning, Georgia, and arrived in Kuwait, on or about 3 January 2003; served in Iraq from March to June 2003; and he returned to Fort Benning, Georgia, around 10 July 2003.  The applicant added that he could not provide more specific information because he no longer has the deployment/redeployment orders.

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.  The DFAS responded that the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) for service in Kuwait from 1 January 2003 to 31 July 2003 and from 1 January 2005 to 31 January 2006.

7.  Department of Defense Financial Management Regulation, 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 HFP/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 Army Regulation 635-5 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 his DD Form 214 should be corrected to show he served overseas in Kuwait and Iraq in support of OIF from 3 January 2003 to 10 July 2003.

2.  The evidence of record shows the applicant served in Kuwait/Iraq from 5 January 2002 to 1 June 2002 and from 15 January 2005 to 16 January 2006 and that these two periods of overseas service are recorded on his DD Form 214 with an effective date of 30 April 2006.

3.  The evidence of record shows the applicant was authorized HFP/IDP during the period from 1 January 2003 to 31 July 2003 for his service in a HFP/IDP area (Kuwait).  The evidence of record also shows that service 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 during that month.  Coordination with the applicant confirmed that he did not have any supporting documents for this period of oversea service; however, the applicant indicated that he served in Kuwait and Iraq from 3 January 2003 to 10 July 2003.  Thus, the evidence of record supports the applicant’s claim that he served overseas in Kuwait/Iraq from 3 January 2003 to 10 July 2003.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show this additional period of overseas service in Kuwait and Iraq in support of OIF.

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 to item 18 of his DD Form 214 with an effective date of 30 April 2006 the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030103-20030710//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)                                         AR20090002132



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ABCMR Record of Proceedings (cont)                                         AR20090002132



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