IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090010717 


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 discharge document to show she served overseas in Iraq.

2.  The applicant states she deployed overseas to Iraq in March 2008, returned to the United States on emergency leave in August 2008, and was honorably discharged in October 2008.  She adds that she is unable to file a claim for disability because her service in Iraq is not shown on her discharge document.

3.  The applicant provides her deployment/redeployment orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 16 November 2002 and enlisted in the Regular Army on 4 February 2003.  Upon completion of training, she was awarded military occupational specialty 92G (Food Service Operations).

2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably discharged on 17 October 2008, based on parenthood.  At the time she had completed 5 years, 8 months, and 14 days of net active service and 3 years, 6 months, and 15 days of foreign service.  The DD Form 214 also shows the following:

   a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows she was awarded the Army Achievement Medal (4th Award), Joint Meritorious Unit Award, Army Good Conduct Medal
(2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with one bronze service star, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Overseas Service Ribbon.

   b.  Item 18 (Remarks), in pertinent part, shows the entry, "SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20060107-20061204//."

3.  In connection with the processing of this case, the Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS responded that the applicant received HFP/IDP for service in a combat zone (Iraq) from
7 January through 4 December 2006 and (Kuwait) from 10 March through
31 August 2008.

4.  In support of her request, the applicant provides the following documents.

	a.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas, Orders 015-002P, dated 15 January 2008, and a one-page personnel roster that show the applicant deployed on or about 16 March 2008 en route to the Central Command area of responsibility (AOR) in support of Operation Iraqi Freedom (OIF) for a period of 445 days.

	b.  An Emergency Message Intake Form for Military Unit, dated 5 August 2008; and Headquarters, 7th Squadron, 10th Cavalry Regiment, 1st Brigade Combat Team, 4th Infantry Division (Mechanized), Forward Operating Base Falcon, Iraq, memorandum, dated 6 August 2008, subject:  Recommendation for Authorization to Depart Theater of Operations.  These documents show the applicant was authorized to depart the theater of operations as soon as possible to return to the United States in an emergency leave status.

	c.  An Unit Personnel Accountability Report, dated 22 September 2008, shows the applicant was attached to the 7th Squadron, 10th Cavalry Regiment, 1st Brigade Combat Team (4th Infantry Division (Mechanized), Fort Hood, Texas), and her duty status was changed from "ordinary leave" to "present for duty" effective 11 September 2008.

5.  Department of Defense (DoD) Financial Management Regulation (FMR), 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.

6.  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.

7.  Paragraph 2-4 (Completing the DD Form 214) of the Separations Documents regulation contains item-by-item instructions for completing the DD Form 214. Item 18 states 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 too long for their blocks.  It also states, in pertinent part, 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 that her DD Form 214 should be corrected to show she served in Iraq from March to August 2008.

2.  Records confirm that the applicant served in Iraq from 7 January through
4 December 2006 and this service is recorded in item 18 of her DD Form 214.

3.  Orders show the applicant deployed to the Central Command AOR on or about 16 March 2008.  DFAS records show the applicant received HFP/IDP for service in Kuwait from 10 March through 31 August 2008:

   a.  The applicant did not provide a telephone number or email address to afford the ABCMR staff the opportunity to contact her for clarification/confirmation of the specific dates she was deployed overseas.

	b.  The DoD FMR provides that HFP/IDP is payable at a monthly rate and is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Thus, Soldiers who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served in the HFP/IDP area.

   c.  Records show on 6 August 2008 the applicant was authorized to depart the theater of operations as soon as possible to return to the United States in an emergency leave status.

   d.  In view of the foregoing, and based on the available evidence, it is concluded that the applicant served in support of Operation Iraqi Freedom in Kuwait/Iraq from 10 March through 6 August 2008.  Therefore, it would be appropriate to correct item 18 of her DD Form 214 to show this service.

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 her DD Form 214 the entry, SERVICE IN KUWAIT/IRAQ FROM 20080310-20080806//NOTHING FOLLOWS."



      _______ _XXX_______   ___
       	   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)                                         AR20090010717



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ABCMR Record of Proceedings (cont)                                         AR20090010717



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