IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021377 


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 his total foreign service as follows:

* Service in Panama from 6 September 1994 to 1 June 1998
* Service in Colombia from 7 July 1999 to 23 September 1999
* Service in Colombia from 14 January 2003 to 1 April 2003
* Service in Bolivia from 8 January 2001 to 4 April 2001
* Service in Peru from 1 October 2001 to 1 December 2001
* Service in Bolivia from 30 June 2003 to 5 September 2003

2.  The applicant states his total foreign service is incorrectly annotated on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 28 February 2009; and copies of his DD Forms 1610 (Request and Authorization for TDY (Temporary Duty) Travel to DOD (Department of Defense) Personnel), dated 25 September 2001, 11 December 2000, 22 June 1999, 12 December 2002, and 9 June 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired master sergeant (MSG)/E-8 who initially entered active service on 8 February 1983 and held military occupational specialties 18Z (Special Forces Senior Sergeant) and 11B (Infantryman). 

2.  His Enlisted Record Brief (ERB) shows he completed the following periods of foreign service in a permanent change of station (PCS) or TDY status:

	a.  He completed 3 years, 8 months, and 8 days of foreign service in Panama in a PCS status from 3 October 1994 to 10 June 1998 and from 9 October 1998 to 12 December 1998.

	b.  He completed a total of 5 months and 5 days of foreign service in Colombia in a TDY status from 8 July 1999 to 23 September 1999 (2 months and 16 days) and 14 January 2003 to 1 April 2003 (2 months and 19 days) .

	c.  He completed 2 months and 29 days of foreign service in Bolivia in a TDY status from 7 January 2001 to 4 April 2001.

	d.  He completed 2 months and 6 days of foreign service in Peru in a TDY status from 6 October 2001 to 11 December 2001.

3.  He was honorably retired on 28 February 2009 and he was placed on the retired list in his retired grade of MSG/E-8 on 1 March 2009.  The DD Form 214 he was issued shows he was credited with 26 years and 23 days of creditable active service, of which 3 years, 8 months, and 8 days was foreign service.  Item 18 (Remarks) of his DD Form 214 does not show service in any hazardous fire pay/imminent danger pay (HFP/IDP) area.

4.  An email, dated 28 May 2010, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms he received HFP/IDP for service as follows:

* Colombia from 1 August 1995 to 31 August 1995
* Colombia from 1 January 1996 to 31 March 1996
* Colombia from 1 May 1997 to 30 June 1997
* Colombia from 1 July 1999 to 30 September 1999
* Colombia from 1 June 2000 to 30 June 2000
* Peru from 1 October 2001 to 31 December 2001
* Colombia from 1 January 2003 to 31 March 2003

5.  The applicant submitted several DD Forms 1610 showing his TDY travel to South America, one of which, dated 9 June 2003, shows he completed 2 months and 7 days in Bolivia from 30 June 2003 to 5 September 2003, and is not annotated on his ERB.

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.  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 all his foreign service.

2.  With respect to his foreign service, the evidence of record shows he completed 4 years, 6 months, and 18 days of foreign service, including his PCS tour in Panama and TDY travel to Colombia, Bolivia, and Peru.  His DD Form 214 only credited him with 3 years, 8 months, and 8 days of foreign service.  Therefore, his DD Form 214 should be corrected to show his total foreign service as 4 years, 6 months, and 18 days.  

3.  With respect to his service HFP/IDP and/or Combat Zone Tax Exemption (CZTE) service: 

	a.  He served in Peru from 6 October 2001 to 11 December 2001.  This period of service is consistent with his pay records which show he received HFP/IDP for service in Peru from 1 October 2001 to 31 December 2000.  Therefore, his DD Form 214 should be corrected to show he served in Peru from 6 October 2001 to 11 December 2001.

	b.  He served in Colombia from 7 July 1999 to 23 September 1999.  This period of service is consistent with his pay records which show he received HFP/IDP for service in Columbia from 1 July 1999 to 30 September 1999.  Therefore, his DD Form 214 should be corrected to show he served in Colombia from 7 July 1999 to 23 September 1999.

	c.  He served in Colombia from 14 January 2003 to 1 April 2003.  This period of service is consistent with his pay records which show he received HFP/IDP for service in Columbia from 1 January 2003 to 1 April 2003 respectively.  Therefore, his DD Form 214 should be corrected to show he also served in Colombia from 14 January 2003 to 1 April 2003.

	d.  He states that he served in Bolivia from 8 January 2001 to 4 April 2001 and from 30 June 2003 to 5 September 2003.  However, there is no indication in his pay records that he received HFP/IDP during this period of service.  

4.  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 locations 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.

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0003  08  08" and adding the entry "0004  06  18"; and

	b.  adding to item 18 of his DD Form 214 the entries "SERVICE IN PERU FROM 20011006-20011211" and "SERVICE IN COLOMBIA FROM 19990707-19990923 AND 20030114-20030401."



      _______ _   __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)                                         AR20090021377





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021377



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1