IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006005
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) for the period ending 22 April 2011 to show his foreign service from 9 April 2010 to 27 November 2010 and that he was assigned to a hostile fire/imminent danger pay (HF/IDP) area.
2. The applicant states the above items were left off of his DD Form 214.
3. The applicant provides:
* his DD Form 214
* Orders MC-095-0097, dated 5 April 2010
CONSIDERATION OF EVIDENCE:
1. The applicant, a member of the West Virginia Army National Guard (WVARNG), was ordered to active duty on 19 February 2010 in support of Operation Enduring Freedom.
2. Orders MC-095-0097, issued by Headquarters, U.S. Army Garrison, Fort McCoy, WI, dated 5 April 2010, deployed him in a Temporary Change of Station (TCS) status to Afghanistan with a will proceed date of on or about 9 April 2010 for a period not to exceed 350 days.
3. On 22 April 2011, he was honorably released from active duty at the completion of required active service. He completed 1 year, 2 months, and
4 days of creditable active service this period. The DD Form 214 he was issued at the time shows in:
a. Item 12f (Foreign Service) the entry "0000 00 00" and
b. Item 18 (Remarks) no entry for his deployed service. However, it contains the entry:
* Individual completed period for which ordered to active duty for purpose of post-service benefits and entitlements
* Ordered to active duty in support of Operation Enduring Freedom IAW (in accordance with) 10 USC 12302
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received HF/IDP and combat zone tax exclusion (CZTE) from 11 April 2010 through 31 March 2011 for service in Afghanistan. This period equated to
11 months and 21 days of foreign service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation provides that for:
* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
* Ordered to active duty in support of (operation name) per 10 USC (applicable section)
* Service in (name of country deployed) from (inclusive dates for example, YYYMMDD - YYYMMDD)
* Soldier completed period for which ordered to active duty for purpose of post-service benefits and entitlements
6. There is no provision entering the statement "Assigned to Hostile Fire/Imminent Danger Pay area" on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 for the period ending
22 April 2011 to show his foreign service and that he served in an HF/IDP area.
2. DFAS confirmed the applicant received HF/IDP for Afghanistan from 11 April 2010 through 31 March 2011 for a total of 11 months and 21 days of foreign service. Therefore, this information is accepted as sufficient evidence to correct items 12f of his DD Form 214 to show his foreign deployed service.
3. Army Regulation 635-5 required three specific entries for Reserve Soldiers ordered to active duty and deployed to a foreign country. His DD Form 214 contains two of the required statements. Therefore, his DD Form 214 should be corrected to include the statement "Service in Afghanistan from 20100411 - 20110331."
4. There is no provision to for entering the statement "Assigned to Hostile Fire/Imminent Danger Pay area" on the DD Form 214. Therefore, there is no basis for granting this portion of his request.
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 for the period ending 22 April 2011 the entry "0000 00 00" and replacing it with the entry "0000 11 21" and
b. adding to item 18 of this DD Form 214 the entry "Service in Afghanistan from 20100411 - 20110331."
2. The Board further determined that the evidence presented was 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 adding to item 18 of his
DD Form 214 the entry "Assigned to Hostile Fire/Imminent Danger Pay area."
___________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) AR20110006005
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ABCMR Record of Proceedings (cont) AR20110006005
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