IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024065 


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 a hazardous duty zone in support of Operation Iraqi Freedom (OIF).

2.  The applicant states that he was deployed to Kuwait and then Iraq with the 7th Transportation Group from October 2002 to June 2003.  He misplaced his orders; however, his last DA Form 67- 9 (Officer Evaluation Report) contains references to his duty in Kuwait and the rating officials can validate his service.

3.  The applicant provides copies of his courier appointment orders, two security badges, Office Evaluation Report (OER), and DD Form 214.

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 was appointed as a Reserve commissioned officer in the rank of second lieutenant and entered active duty on 30 May 1998.  Upon completion of the Infantry Officer Basic Course, he was detailed as an infantry officer.  He subsequently completed the Transportation Officer Branch Qualification Course and was detailed as a transportation corps officer.

3.  The applicant's Officer Record Brief shows:

   a.  Section I (Assignment Information - Overseas Duty) is blank, and

   b.  section III (Service Data) that he was promoted to captain on 1 December 2001;

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 29 July 2003 based on completion of required active service and he was transferred to the U.S. Army Reserve Control Group to complete his Reserve obligation.  He had completed 5 years and 2 months of net active service.

	a.  Item 12 (Record of Service), block f (Foreign Service), fails to show he completed any foreign service this period.

	b.  Item 18 (Remarks) does not show he deployed to a foreign country with his unit.

5.  In support of his request, the applicant provides the following documents:

   a.  U.S. Army Central Command - Kuwait (ARCENT-KU), memorandum, dated 7 December 2002, Subject:  Appointment of Collateral Courier Orders, that shows the applicant was appointed as a Secret material courier for a period of 365 days and his travel itinerary included Camp Doha, Kuwait and surrounding areas.
   
   b.  two ARCENT-KU security badges, for Camp Doha and Headquarters, 377th Theater Support Command (Forward), with expiration dates of 23 May 2003 and 26 May 2003, respectively.

   c.  a release from active duty OER covering the period 27 April 2003 through 29 July 2003 for his performance while assigned as Plans and Exercises Officer, Headquarters and Headquarters Company (HHC), 7th Transportation Group (Composite), Fort Eustis, Virginia.


        (1)  Part II (Authentication) shows the applicant's rating chain at the time was:
   
* Rater - Major D--- M. C----, Deputy S2/3, HHC, 7th Transportation Group (Composite)
* Senior Rater – Lieutenant Colonel J--- E. C----, S2/3, HHC,
7th Transportation Group (Composite)
   
       (2)  Part V (Performance and Potential Evaluation - Rater), in pertinent part, shows, "[The applicant's] primary duty during this very short reporting period has been to act as the Battle Captain for the 7th Group Tactical Operations Center at Camp Arifjan, Kuwait."

       (3)  Part VII (Senior Rater), in pertinent part, shows, "Finishing up the war in Iraq as the Tactical Operations Center Battle Captain, [the applicant ] redeployed to the States...".

6.  In connection with the processing of this case, the Army Military Pay Operations - 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 his service in Kuwait from 24 November 2002 to 15 May 2003.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4, contains item-by-item instructions for completing the DD Form 214.

   a.  Item 12, block f, states from the Officer Record Brief, enter total amount of foreign service completed during the period covered in item 12, block c.

	b.  Item 18 states 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.

       (1)  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)."

       (2)  For a Soldier who served in a HFP/IDP area, "Served in a designated Hostile Fire Pay area" or "Served in a designated Imminent Danger Pay area."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he served in a HFP/IDP area in support of OIF.

2.  There is no evidence of record that shows the applicant deployed with his unit to Kuwait or Iraq.  Thus, the absence of an entry in item 18 of his DD Form 214 showing service in Kuwait/Iraq is correct.

3.  Records show the applicant was appointed as a courier authorized to travel to Camp Doha, Kuwait and surrounding areas during a 1-year period beginning 
7 December 2002

   a.  He served as a battle captain at Camp Arifjan, Kuwait and in Iraq.

   b.  He was authorized HFP/IDP from 24 November 2002 to 15 May 2003.

   c.  However, there is insufficient evidence to accurately calculate the actual period of the applicant's foreign service in the theater of operations.  Thus, no action is being taken to correct item 12, block f, of his DD Form 214.

   d.  Notwithstanding the above, it would be appropriate to correct item 18 of his DD Form 214 to show he served in a designated IDP area.

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 adding to item 18 of his DD Form 214 the entry, "SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA/NOTHING FOLLOWS."

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 deployment overseas/foreign service.




      _______ _   _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)                                         AR20100008816



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ABCMR Record of Proceedings (cont)                                         AR20100024065



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