IN THE CASE OF: BOARD DATE: 3 June 2022 DOCKET NUMBER: AR20210013844 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct dates of deployment to Afghanistan and payment of the correct amount of hardship duty pay (HDP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Leave and Earnings Statements 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 Army Board for Correction of Military Records (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 states his DD Form 214 is wrong for his OIF deployment. He asked for that to be updated. They updated it but it is still incorrect and when he submitted deployment orders along with other DD Form 214s from fellow troops he deployed with, he was asked to provide pay stubs. The Board will notice that in the attached file on page 93, he received $675.00 of danger pay in May 2007. Money for HDP in 2007 was $225.00. So, this was back pay for March and April. He arrived in Afghanistan in March. His updated DD Form 214 has it for May. It should be March 20076 to June 2008. The information is wrong on his DD Form 214 and it should be updated. 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 5 May 2004 and held military occupation al specialty 14J (Air Defense C41 Tactical Operations Center Operator). b. His Enlisted Record Brief shows he served in Germany from 4 January 2005 to 10 October 2006 and in Afghanistan from 5 May 2007 to 21 May 2008. c. He applied for an early separation to further his education. The separation authority approved his request. d. He was honorably released from active duty on 1 September 2008. His DD Form 214 shows in Block 18 (Remarks), in part, "Service in Afghanistan 2005-01-04 to 2006- 10-10." e. On 18 May 2021, he was issued a DD Form 215 (Correction to DD Form 214) that corrected his dates of service in Afghanistan to show "Service in Afghanistan 2007- 05-05 to 200805-21." 4. The Army G-1 provided an advisory opinion in the processing of the applicant's case. An advisory official stated after careful review and coordination with Defense Finance and Accounting Service (DFAS) of the information provided, Army G-1 recommends this case be closed without further action. The applicant requests that his DD Form 214 be changed to reflect that he served in Afghanistan from March 2007 through April 2008. He asserts that due to the errors on his DD Form 214 he may not have received all his hardship duty pay (HDP). According to DFAS officials, the applicant was paid the HDP he was entitled to receive. His military pay records reflect he was paid HDP in the amount of $100 from 8 March 2007 to 18 May 2008, the period of his deployment. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to provide a rebuttal/additional information. He did not respond. 6. By regulation (AR 635-5), the DD Form 214 provides the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The instructions in Block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. DFAS confirmed the applicant served in OEF from 8 March 2007 to 18 May 2008; however, his DD Form 214 reflects a shorter period for the deployment. Based on the DFAS record, the Board determined there is sufficient evidence to grant relief. 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 block 18 of his DD Form 214 for the period ending 1 September 2008 by showing “Service in Afghanistan 8 March 2007 to 18 May 2008”; and paying him the proper hazardous duty pay to account for the additional deployment months. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Chapter 2 of Army Regulation 635-5 provides instructions to complete the DD Form 214. It states, for Block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013844 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1