IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080002971
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 involuntarily ordered to active duty under the provisions of Title 10 United States Code (10 U.S.C.) 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 his DD Form 214 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 captain/pay grade O-3, and the primary specialty of 91D (Munitions Materiel Management).
2. Department of the Army Mobilization Order 267-03 Operations Noble Eagle/Enduring Freedom, dated 9 January 2003, mobilized the 325th Transportation Company and involuntarily ordered unit personnel to active duty under the provisions of 10 U.S.C. 12302 effective 17 January 2003 for an initial period of 365 days.
3. Headquarters, 94th Regional Support Command, Ayer, Massachusetts, Orders M-016-0047, dated 16 January 2003, ordered the applicant to active duty in support of Operation Enduring Freedom with a mobilization category code of "V" effective 21 January 2003 for an active duty period of 365 days.
4. Item 18 (Remarks) of the applicant's DD Form 214 for the period 21 January 2003 through 21 January 2004 indicates he was ordered to active duty in support of Operations Enduring Freedom and Iraqi Freedom under the provisions of 10 U.S.C. 12301(d).
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 Headquarters, 94th Regional Support Command, Ayer, Massachusetts, Orders M-016-0047, dated 16 January 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. Title 10 U.S.C. 12301(d) is utilized for voluntary periods of mobilization. This statute provides that at any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member.
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 U.S.C. (applicable section)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period 21 January 2003 through 21 January 2004 should be corrected to show he was ordered to active duty under the provisions of Title 10 U.S.C. 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 21 January 2003 through 21 January 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 21 January 2003 through 21 January 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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