IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120001480 


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 the hostile fire pay/imminent danger pay (HFP/IDP) areas that he served in during his military service.

2.  The applicant states he was assigned as the Commander, 207th Aviation Company from May 1992 to June 1994 and as the Chief, U.S. Army, Europe (USAREUR), Aviation from June 1994 to May 1995.

3.  He served in various combat zones (CZ) approximately 38 months and received HFP/IDP CZ tax exclusion for:

  a.  Southwest Asia (SWA) during Operation Desert Shield/Storm (ODS) from November 1990 to April 1991.
  
  b.  Somalia, Kuwait, Saudi Arabia, Macedonia, Turkey, Iraq, and Kosovo:

* October and November 1992
* February, and July through December 1993
* February through June, October, and November 1994
* August 2000
* February and May 2001
* February, March, May, July, August, October, and November 2002
* February, May, August, October, and November 2003
* February, May, August, and October 2004

4.  He states that his DD Form 214 shows the appropriate service/campaign medals for this overseas service, but he was unaware that the specific periods of service were to be entered on his discharge document and he is not sure if his temporary duty (TDY) trips count.

5.  The applicant provides, in support of his request, his Officer Record Brief (ORB), DD Form 214, and 34 Leave and Earnings Statements (LESs) spanning the period January 1991 through November 2004.

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 on 22 May 1977.  He was ordered to active duty on
25 August 1977.

3.  Headquarters, VII Corps, Permanent Orders 47-09, dated 4 June 1991, awarded the applicant the Bronze Star Medal for the period 8 November 1990 to 8 April 1991.

4.  An Officer Evaluation Report (OER) for the period 2 June 1990 through
1 June 1991 shows the applicant served as the S-3, 4th Battalion, 159th Aviation Regiment.  It also shows that during the unit's deployment to Saudi Arabia in support of ODS the applicant ensured the battalion met all assigned missions.

5.  Three OERs spanning the period from 10 March 1992 through 28 May 1994 show the applicant served as the Commander, 207th Aviation Company (Germany) and his unit was responsible for providing tactical and administrative 
aviation support to the Commander in Chief, USAREUR and staff.  They also show his unit accomplished missions in Europe, as well as in:

* Kuwait, Saudi Arabia, Israel, Turkey, and Somalia
* Africa and the Middle East in support of Army contingencies
* Turkey in support of Operation Provide Comfort
* Somalia in support of Operation Provide Hope

6.  The applicant was promoted to colonel (pay grade O-6) on 1 February 2000.

7.  Four OERs spanning the period from 15 June 2001 through 14 June 2004 show the applicant served as the Deputy Director, CAPSTONE, Fort McNair, Washington, DC.  They also show he was the primary planner for 12 separate field study trips covering four different areas of responsibility encompassing approximately 60 different countries.

8.  The applicant's DD Form 214 shows he was honorably retired on
31 January 2005.  He had completed 27 years, 5 months, and 6 days of total active service.  It also shows in:

	a.  item 12f (Foreign Service):  12 years, 8 months, and 4 days; and

	b.  item 18 (Remarks):  no record of service in any designated HFP/IDP area.

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

	a.  His ORB, dated 21 June 1996, that shows in section I (Assignment Information - Overseas Duty) that he served (in pertinent part) in:

* Saudi Arabia 6 months and returned in April 1991
* Germany 58 months and returned in May 1995

	b.  Copies of 34 LESs covering January 1991 through November 2004.  The LESs show he received HFP/IDP for the following periods:

* November 1990 through April 1991
* October and November 1992
* February, and July through December 1993
* February through June, October, and November 1994
* August 2000
* February and May 2001
* February, March, May, July, August, October, and November 2002
* February, May, August, October, and November 2003
* February, May, August, and October 2004

10.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that show he deployed with his unit to an HFP/IDP area subsequent to April 1991.

11.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify information relevant to the applicant's receipt of HFP/IDP.  DFAS confirmed the applicant received HFP/IDP from:

* 6 through 16 October 1992 for Saudi Arabia
* 1 through 30 November 1992 for Yugoslavia
* 1 through 28 February 1993 for Somalia
* 1 July through 31 August 1993 for Saudi Arabia
* 1 through 30 September 1993 for Yugoslavia
* 1 October through 30 November 1993 for Turkey
* 1 through 31 December 1993 for Yugoslavia
* 1 February through 30 June 1994 for Turkey
* 1 October through 30 November 1994 for Turkey
* 1 through 31 May 2000 for Greece
* 1 through 31 August 2000 for Turkey
* 1 through 28 February 2001 for Macedonia
* 1 through 31 May 2001 for Saudi Arabia
* 1 through 28 February 2002 for Turkey
* 1 through 31 March 2002 for Bosnia-Herzegovina
* 1 through 31 May 2002 for Kuwait
* 1 through 31 July 2002 for Turkey
* 1 through 31 August 2002 for Serbia
* 1 October through 30 November 2002 for Bahrain
* 1 through 28 February 2003 for Bosnia-Herzegovina
* 1 through 31 May 2003 for Afghanistan
* 1 through 31 August 2003 for Afghanistan
* 1 through 31 October 2003 for Iraq
* 1 through 30 November 2003 for Kuwait
* 1 through 29 February 2004 for Bosnia-Herzegovina
* 1 through 31 May 2004 for Bosnia-Herzegovina
* 1 through 31 August 2004 for Afghanistan
* 1 through 31 October 2004 for Kuwait

12.  Department of Defense, Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), shows that HFP/IDP is payable at a monthly rate.  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.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.
	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the ORB, personnel finance records, discharge documents, separation orders, ad any other document authorized for filing in the Official Military Personnel File.	
	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

		(1)  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.

		(2)  It shows that 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- YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the HFP/IDP areas that he served in during his military service.

2.  The applicant's:

	a.  January through April 1991 LESs, ORB, and OER for the period
2 June 1990 through 1 June 1991 show he served with his unit in an HFP/IDP area (Saudi Arabia) from November 1990 to April 1991.  Permanent orders awarded the applicant the Bronze Star Medal for the period 8 November 1990 to 8 April 1991.  Thus, it is concluded that he served in Saudi Arabia with his unit in an HFP/IDP area during this period.

	b.  Three OERs covering 10 March 1992 through 28 May 1994 show the applicant was assigned to the 207th Aviation Company in Germany and his unit performed missions throughout Europe and in Kuwait, Saudi Arabia, Israel, Turkey, Somalia, Africa, and the Middle East.

	 	(1)  DFAS records show he received HFP/IDP during 16 different months from 1992 through 1994 for service in various countries throughout Europe, SWA, Africa, and the Middle East.

	 	(2)  However, there is no evidence that shows the applicant deployed and served with his unit (emphasis added) in any of the HFP/IDP areas listed above during the period 1992 through 1994.

	c.  Four OERs spanning the period from 15 June 2000 through 14 June 2004 show the applicant served as the Deputy Director, CAPSTONE, Fort McNair, Washington, and he was responsible for field study temporary duty trips to 60 different countries.

	 	(1)  DFAS records show he received HFP/IDP during 20 different months from 2000 through 2004 for service in various countries throughout Europe and SWA.

	 	(2)  However, there is no evidence that shows the applicant deployed and served with his unit (emphasis added) in any of the HFP/IDP areas listed above during the period 2000 through 2004.

3.  There is no regulatory requirement for an entry on the DD Form 214 regarding service in an HFP/IDP area, only for deployments.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his overseas service as recommended below.

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 "SERVICE IN SAUDI ARABIA FROM 19901108-19910408." 

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 HFP/IDP and his periods of overseas service from 1992 through 1994 and 2000 through 2004.




      _______ _   _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)                                         AR20120001480



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ABCMR Record of Proceedings (cont)                                         AR20120001480



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