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ARMY | BCMR | CY2013 | 20130009403
Original file (20130009403.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130009403 


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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq, Lebanon, and Jordan.

2.  The applicant states:

	a.  His DD Form 214 does not accurately reflect his combat service.  This information is used to compare his leave entitlement with the Federal Government.  He is currently employed with the Department of Homeland Security and earning only the minimum leave entitlements based on the information on his DD Form 214.  Correction of his records will allow him to earn the correct amount of leave per pay period to reflect his over 30 years of service, many in a combat zone.

	b.  At the time of his discharge counseling he did not have access to his records to prove his duty in a combat zone.  He was on a remote assignment and his records were maintained at a different installation than that from which he out-processed.  The counselor told him it was not an issue and he could have his DD Form 214 corrected or be issued a letter from the Board correcting his combat service.  He served 1 year in Iraq (supported by a DA Form 67-8 (U.S. Army Officer Evaluation Report (OER)) and a DA Form 4187 (Personnel Action) for imminent danger pay (IDP); 1 year in Beirut, Lebanon (supported by an OER and a letter from the U.S. Ambassador of Lebanon); and 3 months in Jordan.

3.  The applicant provides copies of the following:

* DA Form 4187 with an attached list of authorized Soldiers
* letter from the U.S. Ambassador of Lebanon
* memorandum of appreciation
* 1992 and 1994 OER's
* DD Form 214
* U.S. Passport

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant in the Regular Army on 11 May 1980.  He served continuously on active duty as an aviation officer in various assignments.

2.  He provided copies of the following:

	a.  a DA Form 4187 with an attached list of authorized Soldiers, dated 12 July 1993, authorizing him IDP/hostile fire pay (HFP) with duty in Beirut, Lebanon, from August 1991 until August 1992;

	b.  an OER for the period 27 July 1991 through 2 July 1992 which shows he served as a detachment commander of an assault helicopter detachment supporting two embassies in the Mediterranean;

	c.  a letter from the U.S. Ambassador of Lebanon, dated 30 May 1992, which stated the applicant was the most outstanding military officer with whom he had worked with, praised the applicant's service during that period, and recommended the applicant's selection for promotion ahead of his peers;

	d.  a memorandum of appreciation, dated 24 June 1992, endorsing the letter from the U.S. Ambassador of Lebanon and recognizing the dedication and professionalism demonstrated by the applicant and his Soldiers in ensuring the success of the Air Bridge Mission; and

	e.  an OER for the period 12 June 1993 through 11 June 1994 which shows he served in Germany as a company commander of a combat assault helicopter company training and employing flight and ground support personnel in support of a humanitarian mission (Operation Provide Comfort) in Turkey and Iraq.

3.  He was honorably retired in the rank of colonel on 31 May 2010.  Item 18 of his DD Form 214 contains the entry, "SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN SOMALIA 19920811-19930310."

4.  This no evidence or orders in his records showing he served in Jordan during this period.

5.  On 16 January 2014, a staff member of the Defense Finance and Accounting Service (DFAS) verified the applicant received HFP/IDP for service in:

* Lebanon from 1 August 1991 through 31 August 1992
* Somalia from 26 December 1992 through 3 March 1993
* Turkey/Iraq from 1 June 1993 through 30 June 1993

6.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  It states the DD Form 214 will be prepared for all personal at the time of their retirement, discharge, or release from active duty.  Item 18 for active duty Soldiers deployed with their units during their continuous period of active service will list the entry "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 18 of his DD Form 214 does not correctly reflect his combat service in Iraq, Lebanon, and Jordan.

2.  The evidence of record shows he received HFP/IDP and served in Lebanon, Somalia, and Turkey/Iraq during his period of active duty.  Therefore, item 18 of his DD Form 214 should be corrected to show the following entries:

* "SERVICE IN LEBANON FROM 19910801-19920831
* "SERVICE IN SOMALIA FROM 19921226-19930331"
* "SERVICE IN TURKEY/IRAQ FROM 19930601-19930630"

3.  There is no evidence of record and he did provide sufficient evidence showing he served in Jordan during this period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is 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:

* deleting the entry "SERVICE IN SOMALIA 19920811-19930310" from item 18 of his DD Form 214
* adding the following entries to item 18 of his DD Form 214 –

* "SERVICE IN LEBANON FROM 19910801-19920831"
* "SERVICE IN SOMALIA FROM 19921226-19930331"
* "SERVICE IN TURKEY/IRAQ FROM 19930601-19930630"

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 of his DD Form 214 to show he served in Jordan during this period.



      _______ _  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)                                         AR20130009403



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ABCMR Record of Proceedings (cont)                                         AR20130009403



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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