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ARMY | BCMR | CY2009 | 20090006133
Original file (20090006133.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	13 August 2009  

		DOCKET NUMBER:  AR20090006133 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct dates of service in Iraq.

2.  The applicant states that her DD Form 214 incorrectly shows she served in Iraq from 27 September 2006 to 1 September 2006.

3.  The applicant provides a copy of her DD Form 214, dated 22 September 2006, and a copy of deployment orders in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she was appointed a second lieutenant in the Quartermaster Corps of the U.S. Army Reserve (USAR) and executed an oath of office on 16 June 2000.  She subsequently completed several training courses, served in various staff and leadership positions, and was promoted to first lieutenant on 16 December 2001.

2.  On 24 June 2005, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 27 September 2005 to 1 September 2006.  She was honorably released from active duty to the control of her USAR unit on 22 September 2006.

3.  Item 12f (Foreign Service) of her DD Form 214 shows she completed 11 months and 5 days of foreign service.

4.  Item 18 (Remarks) of her DD Form 214 shows she served in Iraq from 27 September 2006 to 1 September 2006.

5.  An electronic mail message, dated 23 June 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 1 October 2005 to 31 August 2006 for service in Kuwait.

6.  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.

7.  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.

8.  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 other entries.  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 County Deployed) from (inclusive dates for example, YYYYMMDD–YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show the correct period of service in Iraq.

2.  The evidence of record shows the applicant completed 11 months and 5 days of foreign service in Kuwait/Iraq from 27 September 2005 to 1 September 2006.  Furthermore, the applicant received HFP/IDP from 1 October 2005 to 31 August 2006.  It is therefore clear that the beginning date of her service in Kuwait/Iraq was entered incorrectly on her DD Form 214 as a result what appears to be a typographical error that should be corrected.

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 deleting the entry, "Service in Kuwait/Iraq 20060927 to 20060901" and adding the entry, "Service in Kuwait/Iraq from 20050927 to 20060901."



      ___________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)                                         AR20090006133



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ABCMR Record of Proceedings (cont)                                         AR20090006133



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