IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130012510
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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in the Middle East.
2. The applicant states that from December 1998 until May 1999 he was deployed to the Middle East during Intrinsic Action 99-01. The deployment is not listed on his DD Form 214. It needs to be added so he can quality for a disability related to a neurological disorder connected to burn pits and oil wells in Iraq. He has sufficient proof of this injustice as he has copies of his leave and earnings statements (LESs) stating combat zone and other relevant pays for this deployment. He failed to notice the error at time of discharge. At the time, he didn't suffer from medical problems related to deployment, so it was a mere oversight.
3. The applicant provides copies of nine LESs.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080016340, on 13 January 2009.
2. The applicant provided copies of nine LESs dated between December 1998 to August 1999 confirming receipt of hazardous fire pay/imminent danger pay (HFP/IDP). This is new evidence and will be considered by the Board.
3. He enlisted in the Regular Army on 1 October 1992 and he held military occupational specialty 92Y (Unit Supply Specialist).
4. He was honorably released from active duty on 6 June 1999. His DD Form 214 shows he completed 7 years, 8 months, and 6 days of creditable active service. His DD Form 214 also shows in:
* Item 12f (Foreign Service), zero credit for foreign service
* Item 18 (Remarks) no deployments are listed
5. He provided copies of his LESs from December 1998 to August 1999 that confirm receipt of HFP/IDP. At the time, a Soldier received HFP/IDP at the full amount for the month regardless of what date they arrived in or departed from the HF area.
* December 1998, he received $150 of HFP/IDP and $9.07 of Hardship Duty Pay for the month; the Remarks section shows the entry "Start Foreign Duty Pay 981214"
* January 1999, he received $150 of HFP/IDP and $16 of Hardship Duty Pay
* February 1999, he received $150 of HFP/IDP and $16 of Hardship Duty Pay
* March 1999, he received $150 of HFP/IDP and $16 of Hardship Duty Pay; the Remarks section shows the entry "Foreign Duty Pay was changed to Hardship Duty Pay effective 4 February 1999
* April 1999, he received $150 of HFP/IDP and $7.47 of Hardship Duty Pay; the Remarks section shows "Stop Hardship Duty Pay 990414"
* May 1999, he did not receive HFP/IDP or Hardship Duty Pay, the Remarks section shows the entry "Charge leave 990428"
* June 1999, he did not receive HFP/IDP or Hardship Duty Pay; the Leave section shows he used 40 days of leave
* July 1999, he received $300 HFP/IDP but no Hardship Duty Pay; the Remarks section shows the entry "HFP/Combat Zone-Stop 19990630"
* August 1999, the amount of $120 HFP/IDP was collected from his pay since he was separated on 6 June 1999
6. A staff member of the Defense Finance and Accounting Service verified the applicant served in Southwest Asia (Kuwait) from 1 December 1998 through 30 June 1999, a period of 6 months and 29 days.
7. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 12f would list credit for all foreign service completed during the period covered by the DD Form 214.
8. The current version of the regulation states item 18 of the DD Form 214, for active duty Soldiers deployed with his or her unit during their continuous period of active service, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows it appears during the applicants period of active service from 1 October 1992 to 6 June 1999 he served in Kuwait from 14 December 1998 to on or about 14 April 1999, a period of 4 months. Although he may have received HFP/IDP for the months of May and June 1998 on his July 1998 LES, he was on leave during this period and could not have been overseas. His leave began on 28 April 1999 for 40 days.
2. Therefore, item 18 of his DD Form 214 should be corrected to show the entry, "Service in Kuwait from 14 December 1998 to 14 April 1999." Furthermore, item 12f of his DD Form 214 should be corrected to show a credit of 4 months of foreign service for this period.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR AR20080016340, dated 13 January 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting from item 12f of the applicant's DD Form 214 the entry, "0000-00-00" and adding the entry, "0000-04-000"
* adding to item 18 of this DD Form 214 the entry, "Service in Kuwait from 19981214-19990414"
_______ _ _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) AR20130012510
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ABCMR Record of Proceedings (cont) AR20130012510
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