RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070004636 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records by amending his mobilization orders to cover an existing 52-day mobilization gap from 2 December 2005 through 22 January 2006.

2.  The applicant states that due to his and the chain of command's misunderstanding of the mobilization process and the regulation that covers temporary change of station (TCS), he did not demobilize from active duty upon completion of his mobilization period.  He further states that he should have been demobilized on 2 December 2005, but had a TCS order that covered his active duty for a period of 180 days.  He concludes that he continued on active duty until 9 January 2007.    

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  95th Division, Oklahoma City, Oklahoma, Orders Number 05-028-0005, dated 28 January 2005, assignment orders.

	b.  95th Division, Oklahoma City, Oklahoma, Orders Number 05-028-0006, dated 28 January 2005, mobilization orders.

	c.  95th Division, Oklahoma City, Oklahoma, Orders Number 05-097-00017, dated 7 April 2005, mobilization orders.

	d.  Headquarters, U.S. Army Garrison, Fort Sill, Oklahoma, Orders       299-300-4-1, dated 26 October 2005, TCS Orders.

	e.  Headquarters, 95th Division, Oklahoma City, Oklahoma, Orders 05-300-0003, dated 27 October 2005, assignment orders.

	f.  75th Division, Houston, Texas, Orders 06-024-00044, dated 24 January 2006, mobilization orders.

	g.  90th Regional Readiness Command Annual Duty Training (ADT) Orders for January and February 2007.

	h.  Memorandum, dated 22 February 2007, from applicant's commander to 75th Division to resolve the break in service issue.

	i.  Memorandum, unsigned, from the applicant's commander to HRC, to amend the mobilization orders.

	k.  Applicant's Chronological Statement of Retired Points.

	l.  Applicant's attendance calendar for December 2005 and January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a master sergeant (MSG), who is a member of the U.S. Army Reserve since August 1981 and holds military occupational specialty (MOS) 13Z (Field Artillery Senior Sergeant).  He was assigned to the 2nd Battalion, 354th Field Artillery (2/354 FA), Wichita Falls, Texas.  His unit of assignment is subordinate to 1st Brigade (Training) of the 95th Division (Institutional Training).

2.  On 28 January 2005, 95th Division, Oklahoma City, Oklahoma, published Orders Number 05-028-0005, releasing the applicant from his unit of assignment with a Unit Identification Code (UIC) W751AA and further assigning him to Detachment 1 of the same unit, UIC W751Y1.

3.  On 28 January 2005, 95th Division, Oklahoma City, Oklahoma, published Orders Number 05-028-0006, mobilizing the applicant on active duty for a period of 93 days in support of Operation Enduring Freedom (Other than Homeland).  The applicant was ordered to report to Detachment 1 of 2/354 FA (W751Y1) and then proceed to Fort Sill, Oklahoma, on 2 February 2005.  Orders Number       05-032-00012, dated 1 February 2005 amended the period of active duty to 90 days and the report date to Fort Sill as 5 February 2005.  The end date of mobilization was 5 May 2005.

4.  On 7 April 2005, the 95th Division, Oklahoma City, Oklahoma, published Orders Number 05-097-00017, mobilizing the applicant on active duty for a period of 210 days in support of Operation Enduring Freedom (Other than Homeland), effective 6 May 2005.  The applicant was ordered to report to Detachment 2 (W751Y2) of 2/354 FA and then proceed to Fort Sill, Oklahoma, on 6 May 2005.  The end date of mobilization was 1 December 2005.

5.  The applicant's record confirms that he performed duties of first sergeant (1SG) from February 2005 to October 2005 at the U.S. Army Field Artillery Training Center, Fort Sill, Oklahoma. 

6.  On 26 October 2005 and while the applicant was still mobilized under the 95th Division Mobilization Order through 1 December 2005, Headquarters, U.S. Army Garrison, published Orders 299-300-4-1, assigning the applicant to 2nd Simulation Exercise Group, 75th Division (W86W04), Fort Sill, Oklahoma, effective 28 October 2005, in support of Operation Iraqi Freedom, for a period of 180 days.

7.  The applicant's record confirms that he performed duties of senior observer/controller from November 2005 to July 2006 at the 2nd Simulation Exercise Group (SEG), 75th Division, Fort Sill, Oklahoma.

8.  On 27 October 2005, the 95th Division, Oklahoma City, Oklahoma, published Orders Number 05-300-00003, reassigning the applicant from his 2/354th Artillery Troop Program Unit (TPU) to another TPU outside the command-the 2nd SEG, 75th Division, Fort Sill, Oklahoma. 

9.  On 24 January 2006, the 75th Division, Houston, Texas, published Orders Number 06-024-00044, mobilizing the applicant on active duty for a period of 352 days, in support of Operation Enduring Freedom (Other than Homeland), effective 27 January 2006.  The applicant was ordered to report to Detachment 6 (W86WY6) of 1st Brigade, 75th Division, Houston, Texas, and then proceed to Fort Sill, Oklahoma, on 27 January 2006

10.  On 10 January 2007, the applicant was released from active duty.  The DD Form 214 he was issued at the time of his release confirms that he entered on active duty this period on 2 February 2005 (the date of his mobilization) and was released from active duty on 10 January 2007 (the date his 75th Division Orders directed) and transferred to Detachment 6, 1st Brigade, 75th Division.  

11.  On 22 February 2007, the commander, 2nd SEG, submitted a memorandum to the 75th Division G-1, requesting the applicant's "undocumented break in service" from 2 December 2005 through 22 January 2006 be corrected.  The commander explained that the applicant did not demobilize and return to his U.S. Army Reserve unit, on 2 December 2005 in accordance with the 95th Division Mobilization Order.

12.  On 9 March 2007, the commander, 2nd SEG, submitted another memorandum through USAR G-1 to the commander, HRC, Alexandria, Virginia, requesting the applicant's "undocumented break in service" from 2 December 2005 through 22 January 2006 be corrected.  The commander explained that the applicant did not demobilize and return to his U.S. Army Reserve unit, on 2 December 2005 in accordance with the 95th Division Mobilization Order.

13.  An advisory opinion was obtained on 10 September 2007 in the processing of this case.  The USAR G-1 stated that Department of the Army (DA) Amendment Orders 621-05 directed that Detachment 2 of the 2/354th Artillery be added to Mobilization Orders 576-04 and ordered to active duty for 365 days effective 6 May 2004 (later extended to 575 days).  On 2 February 2005, the applicant was mobilized with the 95th Division for 93 days, later extended through 1 December 2005.  On 26 October 2005, the applicant received TCS Orders to the 2nd SEG, 75th Division.  The only purpose of the TCS Orders was to reassign the applicant temporarily, from one duty location to another.  On 1 December 2005, Detachment 2 of the 2/354th Artillery, 95th Division, demobilized in accordance with Demobilization Order 166-06.  The applicant and two other members of the unit remained on active duty without proper authority.  The USAR G-1 further adds that the USAR Headquarters contacted the previous S-1 of the 1st Brigade, 75th Division, who stated that he did not believe there was any confusion about the use of TCS Orders.  The USAR G-1 concluded that the USAR headquarters contacted the DA G-3 and requested an amendment to cover the three Soldiers who remained on active duty after the unit demobilized, but the DA G-3 refused to amend the mobilization Orders.   

14.  On 10 September 2007, the applicant was provided a copy of the USAR    G-1 advisory opinion in order to have an opportunity to respond to its contents.  The applicant has not responded to the advisory opinion. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by amending his mobilization orders to cover an existing 52-day mobilization gap from 2 December 2005 through 22 January 2006.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  Evidence of record shows that the applicant was mobilized with the 95th Division for the period 2 February 2005 through 1 December 2005.  Upon the unit's demobilization on 1 December 2005, the applicant failed to demobilize with his unit.  The fact that the applicant failed to demobilize with his unit and remained on active duty without authorization does not constitute that an error or injustice occurred in the orders issued in this case.  In view of the foregoing, there is no basis for granting relief to the application in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__klw___  __lmd___  __mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
 



							Kenneth L. Wright
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004636
SUFFIX

RECON

DATE BOARDED
20071106
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
113.0000
2.

3.

4.

5.

6.