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ARMY | BCMR | CY2010 | 20100019926
Original file (20100019926.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019926 


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 a reconsideration of her application to include a three month period of service in Somalia on her DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, that she served in Somalia and that the reason for the lack of available records may be due to the problems she had in changing her last name following her marriage.

3.  The applicant provides copies of a leave and earnings statement, her DD Form 214, a letter indicating a problem correcting her last name, and annotated copy of the pervious Army Board for Correction of Military Records (ABCMR) decisional document.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090018062 on 29 April 2010.

2.  The applicant’s military records show that she enlisted in the Regular Army on 20 November 1990, was awarded the military occupational specialty of unit supply specialist, and was promoted to pay grade E-4. 

3.  The applicant was honorably released from active duty on 22 April 1993.  Her DD Form 214, item 12f (Foreign Service), has “00 00 00” entered (which indicates no foreign service).

4.  At the time of the previous review, a search of the pay records under the applicant's married name, S____, failed to locate any indication of foreign duty pay (FDP) or hazardous duty pay (HDP) [currently referred to as hostile fire/imminent danger pay (HF/IDP).]

5.  Leave and earnings statement, for 1 - 28 February 1993, provided by the applicant and carrying her maiden name, F[maiden name], shows: 

* FDP $17.33 
* HFP $300.00
* start Foreign Duty 930121 
* start Hostile Fire 930101

6.  A review the DFAS pay records under the applicant's maiden name, F[maiden name], shows she received HF/IDP from 21 January 1993 through 21 February 1993 for Somalia.

7.  Army Regulation 635-5 (Separation Documents) as currently in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  It states that:

	a.  the total amount of all foreign service completed during the period covered in item 12c is to be entered at item 12f; and

	b.  directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that she served in Somalia and that the reason for the lack of available records may be due to the problems she had in changing her last name following her marriage.

2.  The applicant's available pay records at DFAS show she received HF/IDP for service in Somalia from 21 January 1993 through 21 February 1993.  This period of service should be included at item 12f on her DD Form 214.

3.  At the time of the applicant's release from active duty there was no requirement to include deployment notations on the DD Form 214.  The Board may apply current standards when there is a material enhancement of rights to the applicant.  Changes to many state and Federal benefits programs are directly affected by a Soldier's service in hostile fire/imminent danger pay zones which is currently reflected on the DD Form 214 at item 18 (Remarks).  

4.  In the applicant's original application, she stated that she served for three months.  Only a single month of foreign service can be validated at this time; therefore, any correction beyond the above recommendation should be denied.

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 partial amendment of the ABCMR’s decision in Docket Number AR20090018062 on 29 April 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to the DD Form 214, at item 12f (Foreign Service), the entry "00 01 01"; and 

	b.  adding the entry at item 18 (Remarks) “SERVICE IN SOMALIA FROM 19900121 - 19930221.”

2.  The Board further determined 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 correction to her record to show foreign service in excess of the above.



      __________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)                                         AR20100019926





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ABCMR Record of Proceedings (cont)                                         AR20100019926



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