IN THE CASE OF:	  

		BOARD DATE:	        20 August 2009

		DOCKET NUMBER:  AR20090002615 


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, reconsideration of the Board's denial of his request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service dates in Iraq.  As a new issue, he requests that his service in the Army National Guard from June 2005 to June 2006 be added to his DD Form 214.

2.  The applicant states, in effect, that he is presenting new evidence to show the Board that he did serve in Iraq.  

3.  The applicant provides copies of the following documents in support of his application:

	a.  DD Form 214 with a separation date of 25 June 2005;

	b.  Permanent Order Number 132-39, dated 14 May 2004, published by the 82nd Forward Support Battalion, 82nd Airborne Division awarding the applicant the Army Achievement Medal to include a copy of the DA Form 638 (Recommendation for Award);

	c.  Certificate of appreciation from the commanding general of Task Force All American;

	d.  Certificate of achievement from the commander of the Division Support Command, 82nd Airborne Division, dated 24 November 2004;

	e.  Orders 216-02, dated 4 August 2003, published by Headquarters, 82nd Airborne Division ordering the 82nd Forward Support Battalion to temporarily relocate to support Central Command in Southwest Asia and Kuwait;

	f.  Orders 123-0293, dated 3 May 2005, published by the 82nd Paratrooper Support Battalion, 82nd Airborne Division releasing the applicant from active duty effective 25 June 2005;

	g.  Orders 173-0324, dated 22 June 2005, amending Orders 123-0293 reassigning the applicant to Headquarters and Headquarters Company, 1st Battalion, 252nd Armored Regiment; and

	h.  DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the U.S.) that shows the applicant enlisted in the State of North Carolina Army National Guard (NCARNG). 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference is a military record that was summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080011312 on 18 September 2008.

2.  Exhibits b through g, noted in the above "THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE," represents the new evidence that warrants consideration by the Board. 

3.  In the original proceedings, the Board denied the applicant's request to correct his DD Form 214 to show his foreign service tour in Southwest Asia due to a lack of sufficient evidence. 

4.  As new evidence, the applicant provides the following information to support his request to correct his records to show his foreign service tour in Southwest Asia.

	a.  Permanent Order Number 132-39 awarded the applicant the Army Achievement Medal for his outstanding service in combat operations under extreme and austere conditions as a member of 82nd Forward Support Battalion, 82nd Airborne Division, in Operation Iraqi Freedom from 15 August 2003 to 15 March 2004.

	b.  One unit certificate of appreciation that shows he was a member of Task Force Panther in Operation Iraqi Freedom.  There are no tour dates specified on the applicant's unit certificate of appreciation.  

	c.  Permanent orders directing the applicant's unit to proceed on temporary change of station movement to Southwest Asia to support the Central Command's mission in Southwest Asia, specifically Operation Iraqi Freedom.  The order's effective date of unit movement overseas was on or about 7 August 2003.  The applicant's name and social security number are identified on the personnel-manning roster attached to the basic unit movement order.  

5.  In the processing of this case, the Board's staff contacted the Defense Finance and Accounting Service (DFAS).  By email, DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Kuwait from August 2003 to April 2004.  DFAS did not provide the specific dates the applicant received HFP/IDP only the month and year. 

6.  Army Regulation 635-5 (Separation Documents) prescribes that the purpose of the separation documents is to record active military service and other pertinent data regarding that service normally needed to verify military service for benefits, retirement, employment, and membership in Veterans' organizations.  The DD Form 214 must be prepared for Soldiers on their retirement, discharge, release from active duty service, or control of the Active Army.

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service, taken from the ERB/ORB (enlisted record brief/officer record brief) performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.  Additionally, when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  DFAS verified that the applicant received HFP/IDP for service in Kuwait from August 2003 to April 2004.  Kuwait is the point of embarkation for military units preparing for forward movement into Iraq for combat operations.  Imminent danger pay is paid in full month increments as reported by DFAS, and these dates are not necessarily the dates the applicant served in Iraq.  Permanent 


award orders show that the applicant's period of service in Iraq was from 15 August 2003 to 15 March 2004.  The date the applicant arrived in the country of Iraq coincides with his unit's temporary change of station orders and the date of arrival as provided by DFAS.  The applicant's departure date is more problematic.  DFAS reports the applicant received HFP/IDP for the month of April 2004 based on policy that even 1 day in a HFP/IDP area warrants payment of HFP/IDP for the entire month.  Permanent award orders show the applicant's period of service in Iraq ended on 15 March 2004.  Since HFP/IDP is paid for the country of Kuwait, it is presumed the applicant and his unit returned to Kuwait after 15 March 2004 and then departed Kuwait in the month of April for their home station at Fort Bragg, NC.  As such, it would be appropriate to correct the applicant's record to show he served in Iraq from 15 August 2003 to 15 March 2004.

2.  The applicant's contention that his DD Form 214 should be corrected to show his service in the Army National Guard is without merit.  The applicant's separation document shows his record of active duty service which ended with his release and transfer to the NCARNG 25 June 2005.  As the applicant's period of service in the NCARNG was after his active duty service, he is not entitled to have his record corrected to show his Ready Reserve service in the NCARNG.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X____  __X____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080011312, dated 18 September 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 12f "Year(s) 0000, Month(s) 07, Day(s) 01" and to Item 18 "SERVICE IN IRAQ 20030815 TO 20040315."



2.  In regard to the applicant's new issue, the Board determined that the evidence presented is insufficient to warrant the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to including the applicant's service in the NCARNG on his DD Form 214 dated 25 June 2005. 




      _______ _   _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)                                         AR20090002615



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ABCMR Record of Proceedings (cont)                                         AR20090002615



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