IN THE CASE OF:
BOARD DATE: 11 June 2008
DOCKET NUMBER: AR20070012682
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was ordered to active duty under the provisions of Title 10 United States Code (10 USC) 12302 in support of Operation Enduring Freedom.
2. The applicant states, in effect, that a typographic mistake was the catalyst for the error on his DD Form 214.
3. The applicant provides copies of his orders to active duty and a request for correction of his DD Form 214 signed by his unit commander as documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he is a member of the United States Army Ready Reserve assigned to a troop program unit. He currently holds the rank of sergeant/pay grade E-5, and the primary specialty of 42L (Administrative Specialist).
2. Department of the Army, 3rd Personnel Command, Jackson, Mississippi, Orders M-036-0008, dated 5 February 2003, ordered the applicant to active duty in support of Operation Enduring Freedom with a mobilization category code of "V" effective 7 February 2003 for an active duty period of 365 days.
3. Item 18 (Remarks) of the applicant's DD Form 214 for the period 7 February 2003 through 20 April 2004 indicates he was ordered to active duty in support of Operation Enduring Freedom under the provisions of 10 USC 12304.
4. Headquarters, 834th Adjutant General Company (Postal) Memorandum, dated 13 August 2007, shows the applicant's unit commander requested assistance with correcting the applicant's record from Headquarters, United States Army Reserve Command.
5. An advisory opinion was rendered by the Chief, Compensation and Entitlements Division of the Office of the Deputy Chief of Staff G-1. The Chief, Compensation and Entitlements Division recommended that the application be approved. He opined that Department of the Army, 3rd Personnel Command, Jackson, Mississippi, Orders M-036-0008, dated 5 February 2003, ordered the applicant to active duty in support of Operation Enduring Freedom under the provisions of 10 U.S.C. 12302.
6. Executive Order Number 13223, dated 14 September 2001, shows the President of the United States invoked Partial Mobilization of the Ready Reserve under the provisions of 10 U.S.C. 12302 authorizing the Secretaries of the Military Departments at the direction of the Secretary of Defense to order to active duty up to 1,000,000 members of the Ready Reserve (Selected Reserve, Individual Ready Reserve, and Inactive National Guard) without their consent, for a period not to exceed 24 consecutive months.
7. A Presidential Call-up under the provisions of 10 U.S.C. 12304 has not been issued for Operation Enduring Freedom.
8. Table 14-1 (Personnel mobilization category codes) of Army Regulation 600-8-105 (Military Orders), in pertinent part, shows that mobilization category code "V" will be utilized on orders to active duty for members of United States Army Ready Reserve assigned to a troop program units.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). Section 2-1 of this regulation provides
instructions for preparation of the DD Form 214. Specifically, it states that in the Remarks section of the DD Form 214 the following statement will be added for a Reserve ordered to active duty and deployed to a foreign country: "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period 7 February 2003 through 20 April 2004 should be corrected to show he was ordered to active duty under the provisions of Title 10 USC 12302 in support of Operation Enduring Freedom was carefully considered and found to be with merit.
2. The President of the United States invoked Partial Mobilization of the Ready Reserve under the provisions of 10 U.S.C. 12302.
3. Orders show the applicant was involuntarily ordered to active duty in support of Operation Enduring Freedom. Therefore, he is entitled to have his DD Form 214 corrected to show he was ordered to active duty under this provision.
4. Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show that he was involuntarily mobilized under the provisions of Title 10 United States Code 12302 in support of Operation Enduring Freedom for the period 7 February 2003 through 20 April 2004.
BOARD VOTE:
____X___ ___X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 showing that he was ordered to active duty under the provisions of Title 10 United States Code 12302 in support of Operation Enduring Freedom for the period 7 February 2003 through 20 April 2004.
_ ___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.
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