BOARD DATE:	   10 September 2009

		DOCKET NUMBER:  AR20080016165 


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 correction of his mobilization orders and his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served on active duty from "4 November 2006 to 28 July 2007" instead of "4 November 2006 to 9 February 2007." 

2.  The applicant states he was mobilized on 4 November 2007, at which time he advised personnel officials that he would be retiring on 10 July 2008, by reason of reaching his mandatory retirement date (MRD) due to age.  He also states he was advised by numerous individuals he was on the "stop loss" program; therefore he continued and completed all training.  He states that in March 2008 he advised his S1 that his first retirement check had arrived, and again he was advised he was on the "stop loss" and that he would be deployed to Iraq.  He also states that on 18 March 2008, while aboard an Air Forces aircraft ready to deploy to Iraq he was suddenly removed and told he was retired.  He further states he needs the correction made to his mobilization orders in order to retain his civilian position and for recoupment of the expenses he endured for the unpaid time frame.

3.  The applicant provides the following documents in support of his application:  Office of the Chief, Army Reserve Memorandum, dated 5 August 2008; 
1st Training Brigade United States Army Civil Affairs and Psychological Operations Command (USACAPOC) Memorandum, dated 2 April 2007 and 
29 July 2007; Headquarters, USACAPOC Memorandum dated 5 April 2007, Civil Affairs and Psychological Operations Command, Orders Number (#) 
07-134-00006, dated 14 May 2007, DA Form 7349 (Initial Medical Review-Annual Medical Certificate), DD Form 214, DA Form 3645 (Clothing Transaction Record); U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Orders # 142-0261, dated 22 May 2007; Retiree Recall Checklist; DA Form 160-R (Application for Active Duty); U.S. Army Human Resources Command Memorandum, dated 10 April 2007; Headquarters (HQ) , U.S. Army Special Operation Command, Order # R073-279 and Order #R073-278, dated 
14 March 2007; Leave and Earning Statements; DA Form 5500 (Body Fat Content Worksheet); U.S. Army Human Resources Command, Orders # 
P01-780735, dated 25 January 2007; USACAPOC Orders # 06-272-00032, dated 29 September 2006; U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Orders # 204-0255, dated 22 July 2008; Electronic Mail (E-mail); 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record show's he initially enlisted in the Regular Army and entered active duty on 16 July 1965.  He served on active duty in that status for 
3 years and 25 days until being honorably released from active duty (REFRAD) on 10 August 1968.  At that time, he was transferred to the, United States Army Reserve (USAR) Control Group to complete his military service obligation (MSO).

2.  The applicant's record shows he continually served in the USAR for a period of 12 years, 2 months, and 20 days until being honorably discharged on 
30 November 1980, in order to accept a commission in the USAR.

3.  On 1 December 1980, the applicant was appointed a Reserve commissioned officer in the rank of second lieutenant.  His records show he continually served until being placed on the Retired Reserve list on 10 February 2007, in the rank of lieutenant colonel/LTC.

4.  On 17 October 1988, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60.  This notification stated that he was eligible to receive retired pay at age 60 based on the completion of 20 years of qualifying service.

5.  USACAPOC, Fort Bragg, North Carolina, Orders Number 06-272-0032, dated 
29 September 2006, ordered the applicant to active duty as a member of his Reserve Component in support of Operation Iraqi Freedom (OIF) for a period of 542 days, and with a reporting date of 4 November 2006.

6.  U.S. Army Human Resources Command (HRC), St. Louis, Missouri (MO), Orders PO1-780735, dated 25 January 2007, placed the applicant on the retired list in the grade of LTC, effective 10 February 2007.

7.  Headquarters, U.S. Army, Special Operations Command, Orders R073-278, dated 14 March 2007, reassigned/deployed the applicant in support of Operation Iraqi Freedom (OIF) for a period of 365 days, with a proceed date of on or about 19 March 2007.

8.  On 2 April 2007, the applicant submitted a DA Form 160-R (Application for Active Duty).

9.  USACAPOC, Fort Bragg, North Carolina, Orders Number 07-134-00006, dated 14 May 2007, amended so much of orders 06-272-0032, dated 
29 September 2006, to change the period of active duty to 117 days.

10.  U.S. Army Installation Management Agency (IMA) Fort Bragg, NC, Orders 142-0261, dated 22 May 2007, ordered the applicant's release from active duty on 9 February 2007. Accordingly, he was honorably REFRAD on 9 February 2007.  The DD Form 214 he was issued at the time confirms he completed a total of 3 months and 6 days of active military service.  Item 18 shows he was recalled to active duty in support of Operation Iraqi Freedom in accordance with Title 10 U.S.C. 12302.

11.  U.S. Army Human Resources Command, St. Louis, Orders Number 
M-07-701870, dated 27 July 2007, ordered the applicant to active duty in retired status for a period of 365 days and with a report date of 29 July 2007.

12.  Headquarters, U.S. Army Special Operations Command, Fort Bragg, NC, Orders R236-003, dated 24 August 2007, ordered the applicant deployed in support of Operation Iraqi Freedom for a period of 206 days, reporting on or about 27 August 2007.

13.  U.S. Army HRC, St. Louis, MO, Orders M-07-701870A, dated 28 February 2008, amended so much of orders M-07-701870A02, dated 27 July 2007, to read:  Period of active duty:  not to exceed 366 days unless extended or terminated by property authority.  To be REFRAD NLT 28 July 2008.

14.  U.S. Army Installation Management Agency (IMA) Fort Bragg, NC, Orders 204-0255, dated 22 July 2008, ordered the applicant's release from active duty effective 28 July 2008.

15.  An advisory opinion was obtained on 21 July 2009 in connection with the processing of this case.  The Deputy Chief of Staff, G-1, recommended approval of the applicant's request that his retirement orders be amended to include the entire time he served on active duty.  He stated that the USACAPOC alerted the applicant for mobilization on 26 August 2006, and on 29 August 2006, he was issued mobilization orders with a report date of 4 November 2006.  Subsequently, USACAPOC was informed that the applicant would reach his mandatory removal date (MRD) for age on 10 February 2007.  However, since a request to extend the applicant's MRD was not submitted his mobilization orders were amended to allow reassignment to the Retired Reserve effective 
10 February 2007.  This official also stated that while assigned to the Retired Reserve the applicant applied for the Retiree Recall Program and that while waiting for approval of his request the former Commander of the USACAPOC allowed him to continue duty on a volunteer basis.

16.  The G-1 official also stated that on 11 July 2007, the applicant's request was approved with a start date of 29 July 2007 and an end date of 28 July 2008.  However, his DD Form 214 does not reflect this period of active service.  He further stated that the applicant served on active duty in good faith based on direction from his superior officer at the time; therefore he should not be penalized.  He again emphasized that he strongly recommended amendment to the applicant's orders to cover the full period of active duty and full relief be granted.  

17.  On 29 July 2009, the applicant concurred with the advisory opinion.

18.  The applicant provides a statement from the USACAPOC Commanding General and the Chief, Army Reserve.  Both of these individuals strongly recommended approval of the applicant's request that his orders and DD Form 214 be corrected to show he served on active duty from "4 November 2006 to 
28 July 2007" instead of "4 November 2006 to 9 February 2007." 

19.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states in pertinent part, that Item 12a will show the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was ordered to active duty in support of OIF and entered active duty as ordered.  While on active duty, personnel officials were informed of his MRD after he had been mobilized.  This led to the issuance of an order that shortened his mobilization period to allow for his release by his MRD date.

2.  Once he was REFRAD, he was assigned to the Retired Reserve.  While in the Retired Reserve, he applied for the retiree recall program and was authorized by his former commander to continue training on a volunteer basis until he received approval.  Subsequently, on 11 July 2007, the applicant's recall request was approved with a start date of 29 July 2007 and an end date of 28 July 2008.

3.  The evidence of record confirms the applicant performed active duty in good faith based on direction of his former commander and therefore in the interest of justice should receive credit for the period of service he performed.  As a result, the applicant's separation orders 142-0261, dated 22 May 2007 should be amended to show his REFRAD date as 28 July 2008.  Additionally, his DD Form 214 should also be corrected to show his separation date as 28 July 2008 and the net period of service adjusted to show 1 year, 8 months and 11 days.  

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.  amending Orders M-07-701870, dated 27 July 2007, to show "Report Date as 10 February 2007;" and 

	b.  issuing a DD Form 214 to capture his period of recall service from 
10 February 2007 to 28 July 2008, in support of OIF. 




      _______ _   __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)                                         AR20080016165



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ABCMR Record of Proceedings (cont)                                         AR20080016165



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