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ARMY | BCMR | CY2009 | 20090006922
Original file (20090006922.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	 10 September 2009 

		DOCKET NUMBER:  AR20090006922 


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 her service in Qatar.  She also requests correction of her Officer Record Brief (ORB) to show Qatar as her "last" assignment instead of showing it as the "current" assignment.

2.  The applicant states that her DD Form 214 does not list her service in Qatar from April 2007 to March 2008 and that this area was identified as a danger zone during this time.  She also states that her ORB contains an incorrect entry.

3.  The applicant provides a copy of her DD Form 214, dated 30 April 2008; a copy of her ORB, dated 9 May 2008; and a copy of her DA Form 67-9 (Officer Evaluation Report (OER)), dated 29 April 2008, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant's records show she was appointed as a second lieutenant in the Transportation Corps of the U.S. Army Reserve with concurrent call to active duty and she executed an oath of office on 7 June 2001.  She subsequently completed several military training courses, served in various command and staff positions, and attained the rank of captain (CPT).

2.  The applicant's records also show she was honorably discharged in the rank of CPT on 30 April 2008.  The DD Form 214 she was issued shows she completed 6 years, 10 months, and 24 days of creditable active military service during this period.  This form further shows the following entries:
	a.  item 12f (Foreign Service) shows she completed 6 years, 3 months, and 18 days of foreign service; and

	b.  item 18 (Remarks) shows she served in Iraq from 18 February 2003 to 2 February 2004 and 17 May 2005 to 28 April 2006.  Item 18 does not show service in Qatar.

3.  The applicant submitted a copy of her OER for the period 30 April 2007 through 29 April 2008 that shows she was assigned to the 831st Transportation Battalion, Afghanistan Detachment, and that her duty location was Qatar.

4.  An electronic mail message, dated 5 August 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received hazardous fire pay/imminent danger pay (HFP/IDP) from 30 April 2007 to 5 March 2008 in Qatar.

5.  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.

6.  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 his/her 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.

7.  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 her DD Form 214 should be corrected to show her foreign service in Qatar and her ORB should be corrected to show the correct current assignment.

2.  The applicant contends that she served in Qatar from April 2007 to March 2008.  Additionally, the applicant received HFP/IDP for Qatar service from 30 April 2007 to 5 March 2008 as verified by DFAS.  Her period of service in Qatar is consistent with her pay records at DFAS.  Therefore, there is sufficient evidence to show she served in Qatar from 30 April 2007 to 5 March 2008 and is entitled to correction of her DD Form 214 to show this foreign service.

3.  With respect to the applicant’s ORB, this form is produced from data stored on the Officer Master File (OMF) at the Army Human Resources Command and is a dynamic file which is updated frequently with new information.  Consequently, each ORB is a snapshot of the OMF as it was at the time the ORB was produced.  Since the applicant is discharged and since her ORB is no longer active or accessible, no action can be taken to correct the ORB.

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 a recommendation for partial 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 QATAR FROM 20070430-20080305" to item 18 of her DD Form 214 for the period ending 30 April 2008.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting the applicant’s ORB.



      ____________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.

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