BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160016523 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160016523 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______________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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160016523 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in support of Operation Enduring Freedom. 2. The applicant states he served during the named campaign and it is not shown on his DD Form 214. 3. The applicant provides a copy of his DD Form 214. 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 9 September 2000. 3. A representative of the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account and could not verify he received hostile fire pay/imminent danger pay and combat zone tax exclusion for foreign service in support Operation Enduring Freedom [land area of Afghanistan]. 4. His electronic Enlisted Record Brief, dated 21 March 2003, shows no foreign service in Section D (Overseas Service). Section E (Awards and Decorations) contains these awards: * Army Service Ribbon * National Defense Service Ribbon 5. On 1 May 2003, the applicant was honorably discharged from active duty. He was issued a DD Form 214 containing the following information: * Item 12c (Net Active Service this Period) – 2 years, 7 months, and 24 days * item 12f (Foreign Service) – "00 [years] 00 [months] 00 [days]" * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * item 18 (Remarks) – no foreign service location or dates of foreign service REFERENCES: 1. Department of Defense (DOD) Number 7000.14-R (Financial Management Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are authorized entitlements. A member may be paid special duty pay for duty subject to hostile fire or imminent danger for any month a member, while entitled to basic pay for active duty, meets the qualifying criteria. Members will receive the maximum monthly rate of special pay for the month in which the event occurred or deployed to a designated geographical area. Payment will be made for the full month. The appropriate command will certify that the member has met the requirements for entitlement to special pay for a given month. 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management including the preparation of separation documents. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The source documents used in the preparation of the DD Form 214 include the Soldier's computer generated record brief, separation approval documents, and any other document authorized for filing in their official military personnel record. For item 12f, enter the total amount of service performed outside the continental United States during the period covered by item 12c. In addition, list period(s) of deployed service and location in item 18. DISCUSSION: 1. The available evidence is void of records showing the applicant served in Afghanistan during Operation Enduring Freedom. 2. DFAS did not confirm the applicant received special pay for Operation Enduring Freedom [Afghanistan]. The applicant's electronic Enlisted Record Brief did not contain any information in Section D pertaining to overseas service (foreign service) in support of a named operation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016523 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016523 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2