BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090005562
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 that his dates of service in Afghanistan be corrected in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 February 2009.
2. The applicant states that he actually left Afghanistan on 5 January 2009 not on 11 December 2008.
3. The applicant provides a DA Form 4187 (Personnel Action) and a copy of his DD Form 214 for the period ending 17 February 2009 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the Army National Guard on
17 January 2008 in support of Operation Enduring Freedom. He served in Afghanistan and was released from active duty on 17 February 2009.
2. Item 18 on the applicant's DD Form 214 shows, in pertinent part, the entry "SERVICE IN AFGHANISTAN: 20080317-20081211 IMMINENT DANGER PAY AREA."
3. In support of his claim, the applicant provided a DA Form 4187, dated
17 March 2009, from his administrative officer which states that the applicant
departed Afghanistan on 5 January 2009. This form indicates that the request for personnel action was verified in Section V (Certification/Approval/Disapproval).
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in Afghanistan receiving hostile fire pay for the period 1 March 2008 to 31 December 2008.
DISCUSSION AND CONCLUSIONS:
Although DFAS records show the applicant received hostile fire pay in Afghanistan through 31 December 2008, the applicant contends that he departed Afghanistan on 5 January 2009. In addition, the applicant's administrative officer verified that the applicant departed Afghanistan on 5 January 2009. Therefore, the DA Form 4187 provided by the applicant is accepted as sufficient evidence on which to amend his dates of service in Afghanistan in item 18 on his DD Form 214 for the period ending 17 February 2009 to show he served in Afghanistan from 17 March 2008 to 5 January 2009 and pay him any pay and allowances as a result of this action.
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. deleting the entry "SERVICE IN AFGHANISTAN: 20080317-20081211 IMMINENT DANGER PAY AREA" in item 18 on his DD Form 214 for the period ending 17 February 2009;
b. adding the entry "SERVICE IN AFGHANISTAN: 20080317-20090105 IMMINENT DANGER PAY AREA" in item 18 on this DD Form 214; and
c. pay him any pay and allowances as a result of this action.
_______ _ _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) AR20090005562
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