IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130005752 


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, in effect, correction of item 12f (Foreign Service) of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 25 December 1992 and 2 January 2013. 

2.  The applicant states, in effect, item 12f of his DD Form 214 for the period ending 8 May 1990 reflects 1 year, 10 months, and 27 days of foreign service credit.  However, his DD Forms 214 for the periods ending on 25 December 1992 and 2 January 2013 do not reflect any foreign service.  Additionally, Orders
BN-018-0011 and Orders A-03-007903 reflect an additional 26 days of foreign service.  He further states he and the Human Resources Office made the mistake of not properly reviewing the DD Forms 214 for the periods ending 
25 December 1992 and 2 January 2013.

3.  The applicant provides:

* his DD Forms 214 for the periods ending 8 May 1990, 25 December 1992, and 2 January 2013
* Orders BN-018-0011, issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, dated 18 January 2010
* Orders A-03-007903, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 15 March 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 18 September 1987.  He was discharged from the DEP on 28 January 1987 and he enlisted in the Regular Army on 20 March 1987.  He completed training and he was awarded military occupational specialty 
67U (CH-47 helicopter repairer). 

2.  He served in Germany from 6 April 1987 through 2 March 1989, a period of 1 year, 10 months, and 27 days.  

3.  He was honorably discharged from active duty on 8 May 1990 for the purpose of being ordered to active duty as a commissioned or warrant officer in any branch of the armed forces.  Item 12f of his DD Form 214 for this period of service shows he was credited with 1 year, 10 months, and 27 days of foreign service credit.

4.  On 9 May 1990, he was appointed in the USAR as a warrant officer one (WO1) with concurrent order to active duty.  On 25 December 1992, he was honorably released from active duty.  He was transferred to the USAR Control Group (Reinforcement).  Item 12f of his DD Form 214 for this period of service shows the entry "00  00  00."

5.  His DA Form 4037E (Officer Record Brief) does not show he completed any foreign service during his period of active service from 9 May 1990 through 25 December 1992.

6.  On 22 May 2007, he enlisted in the North Carolina Army National Guard (NCARNC) in pay grade E-5.

7.  Orders 067-164, issued by the State of North Carolina, Office of The Adjutant General, dated 8 March 2009, ordered him to active duty in support of Operation Iraqi Freedom (OIF) with a reporting date of 28 April 2009, for a period of 400 days.

8.  Orders 126-0147, issued by Headquarters, III Corps, Fort Hood, TX, dated
6 May 2009, released him from active duty effective 10 May 2009 and returned him to his NCARNG unit.

9.  Orders BN-018-011, dated 18 January 2010, mobilized him in support of OIF for a period not to exceed 108 days.  He entered active duty on 13 January 2010.

10.  On 11 September 2012, a Physical Evaluation Board (PEB) convened and determined he was medically unfit due to various conditions.  The PEB determined his conditions had not stabilized to the point that a permanent degree of severity could be determined.  The PEB rated his disabilities at 100 percent and recommended his placement on the Temporary Disability Retired List (TDRL).  The PEB indicated the applicant deployed to Kuwait from January to February 2010.

11.  On 2 January 2013, he was retired from active duty by reason of disability, temporary (enhanced), in the rank/grade of staff sergeant (SSG)/E-6.  His DD Form 214 for this period of service shows in:

* Item 12f the entry "0000  00  00"
* Item 18 (Remarks) no deployment entry

12.  The Defense Finance and Accounting Service (DFAS) could not confirm the applicant served in a hostile fire/imminent danger pay (HF/IDP) area (Iraq, Kuwait, etc.) at any time during this period of service.

13.  Army Regulation 635-5 (Personnel Separations - 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 preparation of the DD Form 214.  It states for:

* item 12, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully considered.

2.  The evidence of record does not show and he did not provide sufficient evidence that shows he completed any foreign service during his period of active duty from 9 May 1990 through 25 December 1992 or from 13 January 2010 through 2 February 2013.

3.  DFAS also could not confirm payment of HF/IDP during his last mobilization period.

4.  In view of the foregoing, there is an insufficient evidentiary basis for correcting his DD Forms 214 for the period ending 25 December 1992 and 2 January 2013 to show he completed any foreign service during the periods covered by these DD Forms 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ____________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)                                         AR20130005752



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ABCMR Record of Proceedings (cont)                                         AR20130005752


   
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