IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130017049
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 his foreign service.
2. The applicant states he served overseas in Germany and completed a total of 3 years and 2 months of foreign service. During this period, he also served in Kosovo from 20 November 1999 to 17 June 2000.
3. The applicant provides his:
* reassignment orders
* travel voucher
* Leave and Earnings Statements (LESs)
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 26 February 1998 for a period of 4 years. He was awarded military occupational specialty 44C (Finance Specialist) and promoted to sergeant/pay grade E-5 on 9 November 2000. He reenlisted in the RA on 26 August 2002 for a period of 3 years.
2. On 6 June 2000, the Commander, 409th Base Support Battalion, U.S. Army, Europe (USAREUR), and Seventh Army, issued a Certificate of Achievement to the applicant for his outstanding performance of duty during peace-keeping operations in Kosovo from October 1999 to June 2000.
3. A DD Form 214 shows the applicant was honorably discharged from the RA on 7 December 2004. He completed 6 years, 9 months, and 12 days of net active service. It also shows in:
a. item 12 (Record of Service), block f (Foreign Service): "0 years, 0 months, and 0 days"; and
b. item 18 (Remarks): no entry that the applicant deployed to a foreign country with his unit.
4. On 8 December 2004, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant and entered active duty on that date.
5. In support of his application the applicant provides the following documents:
a. U.S. Army Combined Arms Support Command, Fort Lee, VA , Orders
246-00207, dated 3 September 1998, and a North Atlantic Treaty Organization (NATO) Travel Order that assigned the applicant to the 64th Adjutant General (AG) Detachment (Germany) on 30 September 1998.
b. 64th AG Replacement Company (Germany), Orders 273-022, that further assigned the applicant to Headquarters and Headquarters Company,
201st Combat Support Battalion, 1st Air Defense, on 30 September 1998.
c. A Travel Request Information, dated 14 October 1998, that shows the applicant departed the continental United States (CONUS) on 30 September 1998.
d. December 1999 Online LES that shows the applicant was authorized hostile fire pay (HFP) effective 1 November 1999 and Hazardous Duty Pay (HDP) effective 20 November 1999.
e. June 2000 Online LES that shows the applicant's HFP was stopped on
17 June 2000.
f. Detachment Delta, 38th Personnel Services Battalion, Orders 158-2, dated 7 June 2001, that reassigned the applicant to the AG Replacement Detachment, Fort Irwin, CA, with a reporting date of 21 October 2001. The orders show he had an availability date to depart Germany on 26 September 2001.
g. November 2001 Online LES that shows the applicant departed Germany on 26 September 2001.
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received HFP/imminent danger pay and combat zone tax exemption from
20 November 1999 through 17 June 2000.
7. Army Regulation 635-5 (Separation Documents) 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 and contains item-by-item instructions for completing the DD Form 214. It states for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. item 18, for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he completed a total of 3 years and 2 months of foreign service and that he served in Kosovo from 20 November 1999 to 17 June 2000.
2. The evidence of record shows the following:
* departed CONUS/arrived in Germany - 30 September 1998
* HDP authorized - 20 November 1999
* HFP stopped - 17 June 2000
* departed Germany/arrived CONUS - 26 September 2001
3. A calculation of the total period of overseas service shows the following:
2001 09 26 date arrived in CONUS
- 1998 09 30 date departed CONUS
= 02 11 26
+ 1 day inclusive
= 02 11 27 total foreign service
4. Item 12f and item 18 of the applicant's DD Form 214 do not show the applicant's total foreign service nor the period of his deployment in Kosovo. Therefore, it would be appropriate to correct his DD Form 214 to show all of his foreign service.
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 the current entry and replacing it with the entry "0002 11 27"; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO FROM 19991120 - 20000617."
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 3 years and 2 months of total foreign service.
_______ _ 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) AR20130017049
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ABCMR Record of Proceedings (cont) AR20130017049
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