BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090014476
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in an imminent danger pay area in Turkey from 20 December 1999 to 24 June 2002.
2. The applicant states, in effect, that he served in Turkey during this period and that it should be reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 for the period ending
31 July 2009; a copy of his Enlisted Record Brief (ERB), dated 28 March 2009; a copy of permanent change of station (PCS) orders to Turkey; and a copy of an internet printout of the Department of Defense (DOD) listing of designated imminent danger pay areas, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired master sergeant (MSG)/E-8 who initially entered active service on 21 August 1984 and held military occupational specialty (MOS) 42A (Human Resources Specialist).
2. The applicant's records also show he completed the following periods of foreign service:
a. He served in Germany in PCS status from 23 February 1985 to 20 February 1988.
b. He served in Turkey in PCS status from 20 December 1999 to 24 June 2002. Additionally, while in Turkey he deployed to Kosovo from 1 May 2000 to 1 October 2000.
c. He served in Haiti from 22 January 2006 to 14 January 2008. He was assigned to the Defense Intelligence Agency, Washington, DC, with duty in Port-au-Prince, Haiti.
d. He served in Yemen, from 15 January 2008 to 5 April 2009. He was assigned to the Defense Intelligence Agency, Fort Meade, MD, with duty in the U.S. Defense Attaché' Office (USDAO-Yemen).
3. He was honorably retired on 31 July 2009 and he was placed on the retired list in his retired grade of MSG/E-8 on 1 August 2009. The DD Form 214 he was issued shows he was credited with 24 years, 11 months, and 10 days of active service, of which 8 years, 8 months, and 17 days was foreign service. Item 18 (Remarks) of his DD Form 214 shows the entries "Service in Yemen 2008012 - 20090405"; "Service in Kosovo 20000501 - 20001001"; and "Service in Haiti 20060122 - 20080114."
4. An email, dated 30 November 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received Hazardous Fire Pay/Imminent Danger Pay (HFP/IDP) with no Combat Zone Tax Exemption (CZTE) for service in Haiti from 22 January 2006 to 15 December 2007. He also received HFP/IDP with CZTE for Kuwait from 14 February 2003 to 7 August 2003 and Yemen from 15 January 2008 to 31 March 2009 and 5 April 2009 only.
5. The applicant submitted the following documentation:
a. A copy of Orders Number 239-09, issued by the Personnel Service Support Team, MacDill Air Force Base, FL, dated 27 August 1999, that show he was to proceed on a PCS move from Florida to Turkey to serve a 3-year "With Dependent" tour.
b. A copy of an internet printout, dated 9 April 2009, that shows Yemen is designated as an IDP area effective 1 March 1998; Haiti, effective 23 November 1994; Turkey, effective 1 March 1998; and Yugoslavia, effective 22 June 1992.
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 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. Chapter 2 of this regulation states, in pertinent part, that item 12f shows the total amount of foreign service covered by the DD Form 214 and that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his service in Turkey.
2. Army Regulation 635-5 states that an entry on the DD Form 214 is required for an active duty Soldier deployed with his or her unit during their continuous period of active service. The intent of this regulation is not to chronicle a record of assignments on the DD Form 214. The ERB satisfies this requirement and in the applicant's case it does.
3. The Army defines deployment as the relocation of forces, personnel, or equipment from home station to meet operational requirements. Additionally, military personnel serving in selected location are entitled to IDP if the location is designated by the Secretary of Defense as an IDP area. Other areas are further designated as combat zones, and as such, members serving in those areas are entitled to HFP and CZTE.
4. In the applicant's case, his service in Turkey was a permanent change of station; it was not a deployment. Regardless of whether he received IDP for his service in Turkey, there is no requirement to list this service in item 18 of the DD Form 214 since it was not a deployment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x_____ ____x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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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