ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 September 2019 DOCKET NUMBER: AR20190009940 APPLICANT REQUESTS: in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders RY-236-0139, dated 24 August 2015 * Orders RY-236-0139 (A1), dated 7 July 2016 * DD Form 214 for the period ending 23 June 2017 FACTS: 1. The applicant states his overseas assignment (foreign service credit) to Camp Buerhing, Kuwait was from on or about 12 October 2016 to on or about 7 July [2016] and it is not reflected on his DD Form 214. 2. The applicant enlisted in the Regular Army on 18 February 2014. 3. The applicant provided and his record contains Orders RY-236-0139, dated 26 August 2015, showing he was deployed on temporary change of station orders to support Operation Enduring Freedom (Spartan Shield) at Camp Buerhing, Kuwait. He was to proceed on or about 22 October 2015. The number of days of his deployment were not to exceed 365 days. 4. On 13 January 2016 the applicant was awarded the Combat Action Badge effective 11 November 2015 when he was assigned to Bravo Battery, 1st Battalion, 7th Field Artillery Regiment, 2nd Armored Brigade Combat Team, 1st Infantry Division stationed at Camp Havoc. Camp Havoc is located at Al Baghdadi, Iraq. 5. On 7 July 2016, the applicant’s temporary change of station orders identified as Orders RY-236-0139 (A1) were issued amending his original orders to show the number of days of his deployment was changed to 269 days. 6. A representative of the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account and verified he received combat zone tax exclusion pay for the period from 1 October 2015 through 31 July 2016 for foreign service in Kuwait. (This pay is paid in increment of 30 days regardless of the date of the month of arrival or departure from the hazardous duty area.) He also received hostile fire pay for the period from 22 October 2015 to 1 March 2016. Lastly, he received hazardous duty pay from 14 October 2015 to 8 July 2016 for Kuwait. 7. His electronic Enlisted Record Brief, dated 26 June 2017, shows no foreign service in Section I (Overseas Service/Deployment Combat Duty). Section VIII (Awards and Decorations) shows he is authorized the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal and the Combat Action Badge. This form also shows he was assigned to 1st Battalion, 7th Field Artillery Regiment from 30 June 2014 through his release date from active duty on 23 June 2017. 8. On 23 June 2017, the applicant was honorably released from active duty. He was issued a DD Form 214 containing the following information: * Item 12c (Net Active Service this Period) – 3 years, 4 months and 6 days * item 12f (Foreign Service) – "00 [years] 00 [months] 00 [days]" * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) among his awards the – * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Combat Action Badge * item 18 (Remarks) – no foreign service location or dates of foreign service In summary, the applicant’s evidence and data from DFAS shows he deployed to Kuwait/Iraq in support of Operation Enduring Freedom (Spartan Shield) from on or about 14 October 2015 to 8 July 2016, a total of 269 days or 8 months and 25 days. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the orders in the record, his assignment history and awards, DFAS data related to combat zone tax exclusion pay and hostile fire pay and the entries on his DD Form 214. Based on a preponderance of evidence, the Board determined that the foreign service and remarks entries on his DD Form 214 were in error and required correction. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 the applicant’s DD Form 214 for the period of service ending 23 June 2017 by: - adding in item 12.f. (Foreign Service) – 00 08 25 and; - adding in item 18. (Remarks) – Service in Iraq/Kuwait from 14 October 2015 to 8 July 2016 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. List all federally recognized awards in the appropriate block for all periods of service. ABCMR Record of Proceedings (cont) AR20190009940 3 1