IN THE CASE OF: BOARD DATE: 7 December 2017 DOCKET NUMBER: AR20160006524 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 7 April 2008 as follows: a. Delete the current entry in item 12f and replace it with "0003/02/26." b. Delete from item 18 the entry "SERVICE IN IRAQ 20040612 – 20071224," and replace it with "SERVICE IN IRAQ 20061012 – 20071224." 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. IN THE CASE OF: BOARD DATE: 7 December 2017 DOCKET NUMBER: AR20160006524 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :QAS :LAG :ATD GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 December 2017 DOCKET NUMBER: AR20160006524 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 the dates of his deployment to Iraq as 12 October 2006 to 24 December 2007 vice 12 June 2004 to 24 December 2007. 2. The applicant states, in effect, his DD Form 214 for the period ending 7 April 2008 showed his two deployments to Iraq. While one of the periods is correct (15 June to 15 September 2004), the other is wrong. The inaccurate dates are from 12 June 2004 to 24 December 2007 (3 years, 6 months, and 13 days); he was not deployed to Iraq for the more than 3-year period reflected. He needs to correct his DD Form 214 so that it accurately shows his deployment dates and will be then be correctly listed on the Army's new SRB (Soldier Record Brief). 3. The applicant provides two DA Forms 2166-8 (Noncommissioned Officer Evaluation Report), covering rating periods from 1 January 2006 through 31 December 2007, and a memorandum, dated 20 February 2007. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 16 May 2003. After completing initial training, he was assigned to Germany, arriving on 29 December 2003. 3. His official military personnel file (OMPF) does not contain temporary change of station (TCS) orders directing his deployment to Iraq in 2004. His OMPF does include the following relevant documents: a. Enlisted Record Brief (ERB), which shows the following: (1) Section I – Assignment Information – OS (Overseas)/Deployment Combat Duty: * overseas assignment to Germany – 29 December 2003 to 10 January 2006 (2 years and 13 days) * combat deployment to Iraq – 15 June to 15 September 2004 (3 months and 1 day) * combat deployment to Iraq – 12 October 2006 to 24 December 2007 (1 year, 2 months, and 13 days) (2) Section IX – Assignment Information: * assignment to 501st Military Intelligence Battalion, Germany, from 29 December 2003 to 11 January 2006 * assignment to 2nd Battalion, 12th Infantry Regiment, Fort Carson, from 12 January 2006 until his honorable release from active duty (REFRAD) on 7 April 2008 b. Orders Number 270-09, dated 27 September 2005, issued by Detachment B, 55th Personnel Services Battalion, reassigned the applicant from Germany to Fort Carson, CO, with a reporting date of 10 February 2006 (earlier arrival was authorized). c. Order Number 199-003, dated 18 July 2006, Headquarters, 7th Infantry Division and Fort Carson, directed the applicant to deploy on TCS orders in support of Operation Iraqi Freedom (OIF) effective 23 September 2006. d. Memorandum, dated 20 February 2007, Subject: End of Tour Army Commendation Medal (ARCOM) Awardees for OIF 06-08 issued by the 2nd Battalion, 12th Infantry Regiment, FOB (Forward Operating Base) Falcon, Iraq, showed the applicant, as one of 25 Soldiers, who were awarded the ARCOM for their support of the 2nd Brigade Combat Team, 1st Cavalry Division. e. Permanent Orders (PO) Number 221-028, dated 9 August 2007, issued by Headquarters, Multi-National Division (Baghdad), awarded the applicant the Combat Action Badge for his active engagement of, or being engaged by the enemy on 18 February 2007. 4. He was honorably REFRAD on 7 April 2008 due to completing his required active service. His DD Form 214 shows he completed 4 years, 10 months, and 22 days of net active service. It also shows in: * Item 12f (Foreign Service) lists 3 years, 2 months, and 25 days of foreign service * Item 18 (Remarks) shows the following deployments: service in Iraq, 20040612 – 20071224; service in Iraq, 20040615 – 20040915 5. Orders Number 09-287-00003, dated 14 October 2009, issued by Headquarters, 87th U.S. Army Reserve Support Command (East), honorably discharged the applicant from the U.S. Army Reserve (USAR). 6. On 2 February 2011, he enlisted in the USAR as a staff sergeant//E-6 for a 3-year term, and on 8 September 2011, he was appointed as a Reserve commissioned officer of the Army effective 8 September 2011. He also executed his oath of office that same date. 7. He was ordered to active duty for training on 24 September 2011 to attend Military Police Basic Officer Leadership Course. He was honorably REFRAD on 16 February 2012 and transferred to a troop program unit of the USAR. His DD Form 214 reflects completion of 4 months and 23 days of net active service. O 8. He was promoted to captain on 12 September 2016. He is currently serving in the USAR. 9. In an email, dated 26 November 2017, an official from the Defense Finance and Accounting Service (DFAS) affirmed the applicant was paid Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion (HF/IDP and CZTE) for service in Kuwait from 1 October 2006 through 31 December 2007 (1 year and 3 months). REFERENCES: 1. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214. It states: a. When separation is ordered, the separation approval documents will include the Soldier's record brief, separation orders, and any other document authorized for filing in the OMPF. b. Concerning item 12f, the entry will reflect the total amount of service performed outside the continental U.S. during the period of the report. c. In regard to item 18, Soldiers who deployed with their unit during their continuous period of active service should have entered the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 2. According to the official DFAS website, prior to 31 December 2011, members eligible for IDP were paid the full monthly rate for any complete or partial month they served in a qualifying area. a. The 2012 National Defense Authorization Act (NDAA) modified IDP payments, and limited eligibility to only the actual days served in a qualifying area. Effective that change, service members were to receive a set amount for each day they were on official duty in an IDP area, up to the maximum monthly rate. b. The law required proration to begin on 31 December 2011; however, implementing guidance and military pay processes were not in place to begin prorating the pay on that date. Department of Defense began paying the prorated payments 1 February 2012. DISCUSSION: 1. The applicant requested the dates of his deployment to Iraq be changed to 12 October 2006 to 24 December 2007 (equating to 1 year, 2 months, and 13 days); these dates coincide with deployment dates reflected on his ERB. Although DFAS has validated the applicant received HF/IDP and CZTE between October 2006 and December 2007, their system shows the dates as 1 October 2006 through 31 December 2007. a. DFAS is considered an authoritative source for determining foreign service credit, based on receipt of HF/IDP and CZTE. However, given the fact HF/IDP did not necessarily begin on the actual date of deployment until after February 2012, it is not, in this applicant's case, a sufficiently accurate resource for determining his actual deployment dates. Based on the foregoing, it appears the best resource for determining the applicant's deployment dates is his ERB (i.e. 12 October 2006 to 24 December 2007). b. Although the DFAS reflects his deployment location as Kuwait instead of Iraq, the DFAS system may not show all locations to which a Soldier was sent while deployed. Based upon the documents available in the applicant's record, as well as those provided by the applicant, it is reasonable to presume he deployed to Iraq through Kuwait and served in both locations during this period. 2. Item 12f of his DD Form 214, ending 7 April 2008, indicates his total foreign service was 3 years, 2 months, and 25 days. This entry appears to show his tour in Germany (2 years and 13 days, based on his ERB), combined with the ERB dates for his second deployment in Iraq (1 year, 2 months, and 13 days). The result of combining these two periods is 3 years, 2 months, and 26 days; the one-day difference likely results from including the last day of the period in the date calculation (inclusive date): Location Years Months Days Germany (includes 1st Iraq Deployment) 2 0 13 2nd Iraq Deployment, per ERB 1 2 13 Total 3 2 26 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006524 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006524 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2