IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001062
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, U.S. Code (USC) section 12302 instead of Title 10, USC, section 12301.
2. He states his last DD Form 214 for the period ending 12 June 2006 reflects in block 18 (Remarks) the entry "IAW 10 USC 12031." Orders Number
M-02-0500464, dated 7 February 2005, in block 25 (Separation Authority) references Title 10, USC, section 12302.
3. He provides his DD Form 214 and Orders M-02-0500464.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was appointed as a Reserve commissioned officer on 16 May 1997 with a concurrent call to active duty. He was promoted to captain on 1 December 2000. He was released from active duty on 30 June 2002 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on the following date.
3. Orders M-02-500464, dated 7 February 2005, indicate pursuant to Presidential Executive Order of 14 June 2001, he was relieved from his current Reserve component status and ordered to report for a period of active duty not to exceed 25 days for mobilization processing with a report date no later than 27 March 2005. These orders also indicate he was ordered to active duty for a period not to exceed 545 days in support of Operation Iraqi Freedom under the provisions of Title 10, USC, section 12302.
4. He served in Iraq from 14 June 2005 to 25 April 2006.
5. He was honorably released from active duty on 12 June 2006 and was transferred to the USAR Control Group (Reinforcement). The DD Form 214 issued for this period indicates he was ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, USC, section 12301.
6. Title 10, USC, section 12301(a) states, in time of war or national emergency declared by Congress, or when otherwise authorized by law, the authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter.
7. Title 10, USC, section 12302 states, in time of national emergency declared by the President, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record indicates the applicant was ordered to active duty in support of Operation Iraqi Freedom on 27 March 2005.
2. His deployment orders, Orders M-02-500264, dated 7 February 2005, indicate he was ordered to active duty pursuant to Presidential Executive Order of 14 June 2001, in accordance with Title 10, USC, section 12302. However, his DD Form 214 for the period ending 12 June 2006 erroneously reflects he was ordered to active in accordance with Title 10, USC, section 12301.
3. It appears an administrative error has occurred in this case and it would be appropriate to amend the applicant's DD Form 214 for the period ending 12 June 2006 to indicate he was ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, USC, section 12302.
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 the DD Form 214 for the period ending 12 June 2006 of the individual concerned be corrected by:
a. deleting the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12301" from block 18; and
b. adding the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302" to block 18.
_______ _ _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) AR20120001062
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001062
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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