RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070005414


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 that item 18 of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 30 June 2003
be corrected to read, “Ordered to Active Duty in support of Operation Noble
Eagle IAW Title 10 USC Section 12302 HQDA MSG 04121ZJAN02/DAMO-
ODM/ORDTYP/MOBORD/HQDA ONE NO 073-02.”

2.  The applicant makes no additional statement.

3.  The applicant provides his DD Form 214 for the period ending 30 June
2003; Headquarters, First United States Army Permanent Orders 5-1, dated 5
January 2002; Headquarters, 88th Regional Support Command (RSC) Orders 02B-
006-001, dated 6 January 2002; and Headquarters, 88th RSC Orders 07-035-
00012, dated 4 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.  After having had prior enlisted service, the applicant accepted a
commission in the U. S. Army Reserve.

3.  Headquarters, First United States Army Permanent Orders 5-1, dated
       5 January 2002, ordered the applicant’s unit to active duty in
support of Operation Noble Eagle and Enduring Freedom.  The authority cited
in the orders was “HQDA MSG 041721ZJAN02/DAMO-ODOM/ORDTYP/MOBORD/HQDA ONE
NO 073-02.”

4.  Headquarters, 88th RSC Orders 02B-006-001, dated 6 January 2002,
ordered the applicant to active duty in support of Operation Noble Eagle.
The authority cited in the orders was “HQDA MSG 041721ZJAN02/DAMO-
ODOM/ORDTYP/MOBORD/HQDA ONE NO 073-02.”
5.  The applicant entered active duty on 7 January 2002 and was released
from active duty on 30 June 2003.  Item 18 of his DD Form 214 for the
period ending 30 June 2003 contains, in part, the entry, “ORDERED TO ACTIVE
DUTY IN SUPPORT OF OPERATION NOBLE EAGLE IAW 10 USC 20 (A).”

6.  Headquarters, 88th RSC Orders 07-035-00012, dated 4 February 2007,
amended the authority line in Headquarters, 88th RSC Orders 02B-006-001,
dated 6 January 2002, to read, “TITLE 10 USC SECTION 12302, HQDA MSG
04121ZJAN02/DAMO-ODOM/ORDTYP/MOBORD/HQDA ONE NO 073-02.”

7.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  It states, in part, that for a Reserve
Soldier ordered to active duty and deployed to a foreign country, the
following will be entered in item 18, “ORDERED TO ACTIVE DUTY IN SUPPORT OF
(OPERATION NAME) PER      10 USC (applicable section).”

DISCUSSION AND CONCLUSIONS:

1.  Item 18 of the applicant’s DD Form 214 for the period ending 30 June
2003 is incorrect in that it uses an incorrect Title 10, U. S. Code cite
(i.e, “10 USC 20 (A)”) instead of the correct cite (i.e., “10 USC 12302”)
with the entry that shows he had been deployed in support of Operation
Noble Eagle.

2.  The regulatory guidance is to use only the general, statutory cite
(i.e., “10 USC 12302”) that provides for Reserve Soldiers to be ordered to
active duty and not to use the specific Service cite that provides for a
specific Service unit or individual to be ordered to active duty.  His DD
Form 214 should be corrected to show the correct statutory cite.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jev___  __rdg___  __rch___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

     a.  deleting the entry, “ORDERED TO ACTIVE DUTY IN SUPPORT OF
OPERATION NOBLE EAGLE IAW 10 USC 20 (A)” from item 18 of his DD Form 214
for the period ending 30 June 2003; and

     b.  adding in its place the entry, “ORDERED TO ACTIVE DUTY IN SUPPORT
OF OPERATION NOBLE EAGLE IAW 10 USC 12302.”

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending item 18 of his DD Form 214 for the period ending 30 June 2003 to
change the entry, “ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION NOBLE
EAGLE IAW 10 USC 20 (A)” to read, “Ordered to Active Duty in Support of
Operation Noble Eagle IAW Title 10 USC Section 12302 HQDA MSG
04121ZJAN02/DAMO-ODM/ORDTYP/MOBORD/HQDA ONE NO 073-02.”




                            __James E. Vick_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005414                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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