IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090020778 


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 the following corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Item 12f (Foreign Service) - amend length of foreign service
* Item 18 (Remarks) - add Afghanistan deployment from “20030710 to 20030904”

2.  The applicant states that this was an administrative error or oversight.

3.  The applicant provides his DD Form 214; a Service Member Deployment History - Outprocessing Verification; two deployment orders, dated 29 January 200 and 28 July 2003; and his DD Form 4 (Enlistment/Reenlistment Document), dated 29 August 2003 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 
3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 14 March 2001.

3.  Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, NY, Orders 029-600, dated 29 January 2002, show the applicant’s unit was deployed to the U.S. Central Command (CENTCOM) in support of Operation Enduring Freedom with a will proceed date of on or about 26 November 2001.  These orders show the number of days of deployment as 179 days, but may be extended to 364 or until mission completion.

4.  Orders 209-462, issued by the same headquarters, dated 28 July 2003, show the applicant’s unit was deployed to Afghanistan in support of Operation Enduring Freedom with a will proceed date of on or about 28 July 2003.  These orders show the number of deployment days as 179 days or until mission completion.

5.  The applicant was discharged on 4 April 2006.  Item 12f of his DD Form 214 shows he completed 10 months and 6 days of foreign service.

6.  Item 18 of his DD Form 214 shows the following periods of foreign service:

* Afghanistan/Uzbekistan		20010110 - 20020111
* Iraq								20040110 - 20050118
* Afghanistan						20050701 - 20051010

7.  In a 29 June 2010 email, the Defense Finance and Accounting Service (DFAS) informed a staff member of this Board that the applicant’s Master Military Pay Account (MMPA) shows that during the period in question, he received hostile fire pay/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) as follows:

* Kuwait							20011031 through 20011231
* Afghanistan						20020101 through 20020401
* Afghanistan						20030731 through 20030930
* Iraq								20040930 through 20050113
* Afghanistan						20050711 through 20051005

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  This regulation also states that an active duty Soldier ordered to active duty and deployed with his or her unit during their continuous period of active service will be reported in item 18 of the DD Form 214 with the entry:  "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYMMDD - YYYMMDD)."

9.  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 HF/ID), paragraph 100102 (Payment), in pertinent part, provides that HF/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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention regarding his deployment to Afghanistan from 20030710 to 20030904 and correction of item 12f of his DD Form 214 is acknowledged.  The evidence of record is sufficient to warrant partial relief in this case.

2.  The applicant’s military pay records at DFAS confirm he received HFP/IDP and CTZE for service in Afghanistan from 20030731 to 20030930.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 to show his period of deployment in Afghanistan from 20030731 to 20030904.

3.  The applicant’s DD Form 214 also incorrectly reflects he served in Afghanistan/Uzbekistan from 20010110 through 20020111.  However, his military pay records at DFAS confirm he served in Kuwait from 20011031 through 20011231 and in Afghanistan from 20020101 through 20020401.  (The war in Afghanistan did not begin until 24 October 2001.)  Therefore, it would be appropriate to amend item 18 on his DD Form 214 to show these periods of foreign service in Kuwait and Afghanistan.  

4.  The applicant’s DD Form 214 currently reflects 10 months and 6 days of foreign service in item 12f.  Calculations including his service in Afghanistan from 20030731 to 20030904 results in 2 years, 9 months, and 22 days of total foreign service during the period of service covered by his DD Form 214 for the period ending 4 April 2006.  Therefore, his DD Form 214 should be corrected accordingly.

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000 10 06" and replacing it with the entry "0002 09 22";

	b.  adding to item 18 of his DD Form 214 the entry “SERVICE IN AFGHANISTAN FROM 20030731 - 20030904”;

	c.  deleting from item 18 of his DD Form 214 the entry “SERVICE IN AFGHANISTAN/UZBEKISTAN 20010110 – 20020111” and replacing it with the entry “SERVICE IN KUWAIT FROM 20011031 – 20011231”; and 

	d.  adding to item 18 of his DD Form 214 the entry “SERVICE IN AFGHANISTAN FROM 20020101 – 20020401.”

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 amending item 18 of his
DD Form 214 to show the entry "SERVICE IN AFGHANISTAN FROM 20030710 - 20030904."




      ___________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)                                         AR20090020778



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ABCMR Record of Proceedings (cont)                                         AR20090020778



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