IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20200000842 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2019, by adding the following imminent danger areas: * Joint Task Force, Guantanamo Bay, Cuba, January 2005 – January 2006 * Joint Task Force, Guantanamo Bay, Cuba, February 2012 – October 2013 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Enlisted Record Brief (ERB), 1 May 2019 * 8 pages of Department of Defense (DoD), Financial Management Regulation (FMR), Volume 7A, Chapter 10 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant enlisted in the Regular Army on 15 November 1995. Having sufficient service for retirement, on 30 April 2019, he retired honorably from service. The DD Form 214 he was issued states in item 18 (Remarks), in part, "//SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20080511 - 20090618//." 3. His Official Military Personnel File (OMPF) contains the following information: a. A Joint Service Commendation Medal citation which states he was assigned to the Joint Detention Group, Joint Task Force Guantanamo, Guantanamo Bay, Cuba from 15 January 2005 to 14 January 2006. b. Permanent Change of Station orders 040-350, issued by U.S. Combined Arms Center and Fort Leavenworth, Fort Leavenworth, KS 66027, dated 9 February 2012, which assigned him to Headquarters and Headquarters Detachment, 525th Military Police Battalion, Guantanamo Bay, Cuba, effective 10 April 2012. The orders indicate the applicant was authorized hazardous duty pay. There is no indication he was entitled to imminent danger pay. c. Permanent Orders Number 172-006, dated 21 June 2013, which awarded him the Meritorious Service Medal for service as the First Sergeant, 193rd Military Police Company, Joint Task Force Guantanamo Bay, Cuba from 13 March 2012 to 1 November 2013. 4. His OMPF does not contain orders identifying whether his assignment in 2005 was a deployment or permanent change of station move; however, evidence shows he was assigned prior to the location being designated as an imminent danger location. 5. The applicant provides: a. A portion of DoD FMR, Volume 7A, Chapter 10 pertaining to imminent danger pay. The applicant highlights service in Cuba, limited to service members performing duties within the Joint Task Force Guantanamo Bay Detention Facilities, effective 26 December 2006. b. An ERB dated 1 May 2019, in which he highlights his service in Guantanamo Bay, Cuba. 6. Army Regulation 635-8 (Separation Processing and Documents), paragraph 5-6 provides detailed instructions for data required in each block of the DD Form 214 currently in use. Paragraph 5-6r (4) (g) addresses conditional entries entered on the DD Form 214 and states for active duty Soldiers deployed with their unit during their continuous period of active service, to enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)." BOARD DISCUSSION: 1. After careful consideration of the complete evidentiary record, including the applicant’s statement, the board found sufficient evidence to grant partial relief. 2. The applicant provided an excerpt from DoD FMR, Volume 7A, Chapter 10 indicating that imminent danger pay is authorized for service in Cuba (limited to service members performing duties within the Joint Task Force Guantanamo Bay Detention Facilities) effective 26 December 2006. 3. Regarding the applicant’s request to add his service in Guantanamo Bay, Cuba, from January 2005 – January 2006 as an imminent danger area, there is insufficient evidence to support the applicant’s request. This period predates the effective date listed in the FMR. Furthermore, the applicant’s record is void of and the applicant did not provide orders or Leave and Earning Statements indicating the applicant was in an imminent danger area for this time period. 4. Regarding the applicant’s service in Guantanamo Bay, Cuba, from February 2012 – October 2013, there is sufficient evidence to grant the request to add this period as an imminent danger location to his DD Form 214. This time period is covered by the FMR, and there is sufficient evidence that the applicant was paid imminent danger pay and hazardous duty pay for this period. Furthermore, the applicant’s orders #040-350 indicate he was entitled to hazardous duty pay during this assignment. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX 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 amending the applicant’s DD Form 214, item 18, to add “SERVICE IN GUANTANAMO BAY, CUBA, FROM FEBRUARY 2012 – OCTOBER 2013//. 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 the applicant’s request to add his service in Guantanamo Bay, Cuba, from January 2005 – January 2006 as an imminent danger area. 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition and explains separation document preparation, distribution, and correction. Paragraph 5-6 of this regulation provides detailed instructions for data required in each block of the DD Form 214. Paragraph 5-6r (4) (g) addresses conditional entries entered on the DD Form 214 and states for active duty Soldiers deployed with their unit during their continuous period of active service, to enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000842 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1