IN THE CASE OF:	  

		BOARD DATE:	    27 October 2015

		DOCKET NUMBER:  AR20150005089 


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 payment of hostile fire pay/imminent danger pay (HFP/IDP), family separation allowance type II (FSA-II), hardship pay, and combat zone tax exclusion (CZTE) for service in: 

* Kuwait from 20030204-20030208
* Afghanistan 20030209-20030317
* Kuwait 20030318-20030322

2.  The applicant states he previously petitioned the Army Board for Correction of Military Records (ABCMR) (Docket Number AR20140003474) and was granted relief in October 2014 to add his deployments.  He was reissued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that added his deployments. 

3.  The applicant provides his reissued DD Form 214, ABCMR Docket Number AR20140003474, Group Orders 030-01, dated 30 January 2003, DD Forms    135-2 (Travel Voucher or Sub-voucher), and DA Form 873 (Certificate of Clearance and/or Security Determination).

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the Army National Guard, the applicant enlisted in the Regular Army (RA) on 2 April 1998 and he held military occupational specialty 19K (M-1 Armor Crewmember). 

2.  He reenlisted in the RA on 4 April 2000 (at Fort Hood, TX, and he was advanced to the rank/grade of corporal (CPL)/E-4. 

3.  He was honorably discharged from active duty in the rank/grade of CPL/E-4 on 7 August 2003 by reason of disability with entitlement to severance pay.  His DD Form 214 did not list his foreign service, deployments, or related awards.  

4.  He was issued multiple DD Forms 215 (Correction to DD Form 214) that added awards related to the Global War on Terrorism. 

5.  In February 2014, he petitioned this Board for correction of his DD Form 214 to show his foreign service in Kuwait and Afghanistan and consolidation of his DD Forms 215.  With his request, he provided DD Forms 1351-2 that shows he: 

* departed Fort Hood on 2 February 2003, arrived Kuwait on 4 February
* departed Kuwait on 8 February 2003, arrived Afghanistan on 9 February 
* departed Afghanistan on 17 March 2003, arrived Kuwait on 18 March
* departed Kuwait on 22 March 2003, arrived Fort Hood on 24 March
* departed Fort Hood on 14 April 2003, arrived Kuwait on 15 April
* departed Kuwait on 20 June 2003, arrived Fort Hood on 21 June 

6.  The Board granted relief on 2 October 2014.  As a result, he was reissued a DD Form 214 that added to: 

* Item 12f (Foreign Service) completion of 3 months and 25 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Global War on Terrorism Service and Expeditionary Medals and Afghanistan Campaign Medal with one bronze service star 
* Item 18 (Remarks) the entries "Service in Kuwait 20030204-20030208," "Service in Afghanistan 20030209-20030317," "Service in Kuwait 20030318-20030322," and "service in Kuwait 20030415-20030620"

7.  His pay records at the Defense Finance and Accounting Service (DFAS) show on 10 June 2005, DFAS-Denver Center advised him by letter that they determined he was due money as a result of a recent claim.  A check in the amount of $1,445 was issued to his address on file.  This amount was for payment of HDP, FSA, IDP, and CZTE from 1 April 2003 to 30 June 2003. 


8.  An email, dated 31 March 2015 from DFAS advised that the applicant did not receive HFP/IDP or CZTE for the period 4 February 2003 through 22 March 2003 for his Kuwait/Afghanistan service. 

9.  According to the DFAS website, the following definitions are made: 

	a.  CZTE: Soldiers who serve in a combat zone can exclude certain pay from their taxable income.  The CZTE is unlimited for enlisted members and warrant officers and is limited to the maximum enlisted pay amount, plus the amount of HFP/IDP payable to the officer for the qualifying month, for officers.  Soldiers may be entitled to CTZE for any month or partial month in which they perform active service in a combat zone or qualified hazardous duty area.

	b.  FSA is payable to Soldiers with dependent family members when the Soldier is required to be away from his or her permanent duty station for more than 30 continuous days in a temporary duty status and his/her dependents are not residing at or near the temporary station.  Active duty Soldiers who are assigned or deployed to locations where their dependent family members are not authorized to accompany them may be eligible for FSA.

	c.  IDP:  A Soldier may be entitled to IDP when serving on official duty in an area designated by the Department of Defense as eligible for IDP.  The same entitlement amount is also received by meeting different eligibility requirements that qualify a Soldier for HFP.  This entitlement is usually listed together as HFP/IDP.  A Soldier can receive IDP or HFP but not both.  A Soldier is eligible for IDP for any month when the Soldier was entitled to basic pay for active duty or compensation for inactive duty and the Soldier is on official duty in a designated IDP area as listed in Department of Defense (DoD) Financial Management Regulation (FMR) Volume 7A.  Soldiers may receive either IDP or HFP, but not both. If not on official duty in a designated IDP area, the appropriate commander must certify the Soldier's eligibility for HFP under certain conditions.

	d.  HFP: A Soldier may be entitled to when the appropriate commander certifies that the member has met the requirements for entitlement to HFP for a given month.  Certification of entitlement shall be made at the lowest level of command.  Certification shall include the name and social security number of each member entitled to the hostile fire pay, a short description of the incident, and when and where it occurred.  The same entitlement amount is also received by meeting different eligibility requirements that qualify a Soldier for IDP.  This entitlement is usually listed together as Hostile Fire Pay/IDP.  A Soldier can receive IDP or HFP but not both.


DISCUSSION AND CONCLUSIONS:

The applicant served in a hostile fire area (Kuwait and Afghanistan) from 4 February 2003 to 22 March 2003 (Kuwait 20030204-20030208, Afghanistan 20030209-20030317, and Kuwait 20030318-200303222).  His deployment was confirmed via orders/travel vouchers he previously submitted which led to the reissuance of a DD Form 214 listing his deployment.  It is unclear if he received the monetary benefits associated with this deployment.  He meets the criteria to have his pay records audited and if applicable, paid monetary benefits.   

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* issuing the applicant an appropriate document certifying his deployment to Kuwait and Afghanistan from 4 February 2003 to 22 March 2003
* paying the applicant, if applicable, hostile fire pay/imminent danger pay, family separation allowance, hardship pay, and combat zone tax exclusion, as a result of this correction



      ___________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)                                         AR20150005089





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ABCMR Record of Proceedings (cont)                                         AR20150005089



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