IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20080007103
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) 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.
2. The applicant states, in effect, that a typographical mistake was the catalyst for the error on his DD Form 214 for the period 21 January 2003 through 27 December 2003. The applicant contends that this DD Form 214 should contain the same mobilization entry as the DD Form 214 he was issued for his active duty period of 23 August 2005 through 18 September 2006.
3. The applicant provides copies of two DD Forms 214 and orders to active duty as documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he is a member of the U.S. Army Reserve and is currently assigned to a 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. Headquarters, 94th Regional Support Command, Ayer, Massachusetts, Orders M-016-0023, dated 16 January 2003, involuntarily ordered the applicant to active duty in support of Operation Enduring Freedom with a mobilization category code of "V." He had a reporting of 21 January 2003 for an active duty period of 365 days.
3. Item 18 (Remarks) of the applicant's DD Form 214 for the period ending 27 December 2003 indicates he was voluntarily ordered to active duty in support of Operations Enduring Freedom and Iraqi Freedom under the provisions of Title 10, U.S. Code, section 12301(d).
4. The applicant's record is void of any indication that he volunteered to be mobilized for the period 21 January 2003 through 27 December 2003.
5. The applicant provides a DD Form 214 for an active duty period of 23 August 2005 through 18 September 2006. Item 18 of this form indicates he was
involuntarily ordered to active duty in support of Operation Iraqi Freedom under the provisions of Title 10, U.S. Code, section 12302.
6. An advisory opinion was rendered by the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1. The advisory official, after careful review of the application, opined in effect that the DD Form 214 entry reference section 12301(d) was in error and that the entry should be changed to reflect that the applicant served under section 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 Title 10, U.S. Code, section 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. Code, section 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 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 item 18 of the DD Form 214 the following statement will be added for a Reserve Soldier 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 27 December 2003 should be corrected 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 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 Title 10, U.S. Code, section 12302.
3. The applicant's record is void of any indication that he volunteered to be mobilized for the period 21 January 2003 through 27 December 2003.
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 27 December 2003 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, U.S. Code, section 12302 in support of Operation Enduring Freedom for the period 21 January 2003 through 27 December 2003.
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:
a. deleting from item 18 of his DD Form 214 for the period ending
27 December 2003 the entry "Ordered to Active Duty in Support of Operation Enduring Freedom IAW Title 10, U.S. Code, section 12301(d)"; and
b. adding to item 18 of his DD Form 214 for the period ending 27 December 2003 the entry "Ordered to Active Duty in Support of Operation Enduring Freedom Per Title 10, U.S. Code, section 12302."
__________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) AR20080007103
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ABCMR Record of Proceedings (cont) AR20080007103
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