IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080002972
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 for the period 21 January 2003 through 21 January 2004.
3. The applicant provides copies of his DD Form 214 and orders to active duty and as additional 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 and is currently serving on active duty with his troop program unit. He holds the rank of staff sergeant (SSG)/pay grade E-6 and the primary military occupational specialty of 88M (Motor Transport Operator).
2. Department of the Army Mobilization Order 218-03 Operations Noble Eagle/Enduring Freedom mobilized the 325th Transportation Company and involuntarily ordered unit personnel to active duty under the provisions of 10 U.S.C. 12302 for an initial period of 365 days.
3. Headquarters, 94th Regional Support Command, Ayer, Massachusetts, Orders M-016-0048, dated 16 January 2003, involuntarily 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 voluntarily ordered to active duty in support of Operations Enduring Freedom and Iraqi Freedom under the provisions of 10 U.S.C. 12301(d).
5. The applicant's record is void of any indication that he volunteered to be mobilized for the period 21 January 2003 through 21 January 2004.
6. 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-016-0048, dated 16 January 2003, involuntarily ordered the applicant to active duty in support of Operation Enduring Freedom under the provisions of 10 U.S.C. 12302.
7. 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.
8. 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.
9. 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.
10. 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. The applicant's record is void of any indication that he volunteered to be mobilized for the period 21 January 2003 through 21 January 2004.
4. 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 for the period 21 January 2003 through 21 January 2004 corrected to show he was ordered to active duty under this provision.
5. 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.
ABCMR Record of Proceedings (cont) AR20080002972
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080002972
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080002971
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.) Therefore, he is entitled to have his DD Form 214 corrected to show he was ordered to active duty under this provision. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was...
ARMY | BCMR | CY2008 | 20080007103
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 21 January 2003 through 27 December 2003 to show he was involuntarily ordered to active duty under the provisions of Title 10, U.S. Code, section 12302 in support of Operation Enduring Freedom. Therefore, he is entitled to have his DD Form 214 for the period 21 January 2003 through 27 December 2003 corrected to show he was ordered to active duty under this...
ARMY | BCMR | CY2007 | 20070003696
Records show that the applicant volunteered for another mobilization and on 5 March 2004 was mobilized under the provisions of 10 U.S.C. The Chief, Personnel Policy and Readiness Division states that the applicant should have been placed on section 12302 orders during the period 5 March 2004 through 11 March 2005 to complete his remaining 730 days of involuntary mobilization under 10 U.S.C. Evidence shows that the applicant was involuntarily mobilized for 844 days during the period 3...
ARMY | BCMR | CY2008 | 20080006587
The applicant's DD Form 214 for the period ending 22 February 2006 shows that she was ordered to active duty under the provisions of 10 U.S.C. The applicant was involuntarily mobilized once again for the period 1 September 2004 through 22 February 2006, for an additional 540 days; bringing her to a grand total of 900 days of involuntary mobilization. Evidence shows that the applicant was involuntarily mobilized for 900 days during the periods 18 October 2001 through 12 October 2002 and 1...
ARMY | BCMR | CY2008 | 20080010593
The applicant's DD Form 214, for the period ending 5 June 2008, shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. The record shows that the applicant was involuntarily mobilized during the periods 10 February 2003 through 24 May 2004 and 1 May 2007 through 5 June 2008, for a total of 872 days. Evidence shows that the applicant was involuntarily mobilized during the periods 10 February 2003 through 24 May 2004 and 1 May 2007 through 5 June 2008, for a total...
ARMY | BCMR | CY2008 | 20080004698
The applicant states, in effect, that his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions of section 12302 of Title 10 United States Code (10 U.S.C. The record shows that the applicant was involuntarily mobilized during the period 2 January 2003 through 18 December 2003, a total of 351 days. Evidence shows that the applicant was involuntarily mobilized for 859 days during the periods 2 January 2003 through 18 December 2003 and 1...
ARMY | BCMR | CY2007 | 20070000393
The applicant had 425 of those days in a 10 U.S.C. The Chief, Personnel Policy and Readiness Division concluded that applicant's voluntary mobilization orders should have commenced on 5 March 2005, and that his third mobilization 20 November 2005 to 4 March 2007 should also have been conducted in COTTAD, 12301(d) status. Department of the Army Personnel Policy Guidance paragraph 10-3 provides that Reserve Component Soldiers who voluntarily request to serve beyond their 24-month...
ARMY | BCMR | CY2007 | 20070007826
12302 orders during the period 21 January 2005 through 19 February 2005 to complete 730 days of involuntary mobilization. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. As a result his second mobilization should have been for the period 21 January 2005 through 19 February 2005 to complete 730 days of involuntary mobilization under the provisions of 10 U.S.C.
ARMY | BCMR | CY2007 | 20070008485
12302 orders during the period 21 January 2005 through 7 March 2005 to complete 730 days of involuntary mobilization. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. As a result his second mobilization should have been for the period 21 January 2005 through 7 March 2005 to complete 730 days of involuntary mobilization under the provisions of 10 U.S.C.
ARMY | BCMR | CY2007 | 20070012052
The applicant had 114 of those days in a 10 U.S.C. The Chief, Personnel Policy and Readiness Division concluded the applicant should have been issued voluntary mobilization orders which commenced on 27 December 2006 and continued through 19 April 2007 for a total of 114 days in COTTAD, 12301(d) status. Evidence shows that the applicant was involuntarily mobilized for 844 days during the periods 14 February 2003 through 15 January 2004 and 28 November 2005 through 19 April 2007.