IN THE CASE OF:	  

		BOARD DATE:  20 November 2012

		DOCKET NUMBER:  AR20120004689 


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, the following corrections:

* Revoke Orders 035-035, dated 4 February 2009, issued by the Department of Military Affairs Office of the Adjutant General, Wisconsin Army National Guard (WIARNG)
* Amend Orders 043-476, dated 12 February 2009, issued by the WIARNG (Reporting Date)
* Revoke Orders 350-120, dated 15 December 2009, issued by the WIARNG
* Her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 1 February 2009 instead of 14 February 2009

2.  The applicant states her Title 10 orders should be corrected to show she was deployed on active duty for 1 year.  The applicant continues if her active duty orders had started 1 February 2009 like the majority of Soldiers in her battalion this would not be an issue.  The Department of Veterans Affairs (DVA) states veterans with 6 months but less than 12 months of active duty service will receive 50 percent of education and training and veterans with 12 months but less than 18 months will receive 60 percent of education benefits.

3.  The applicant further indicates prior to mobilization her status was listed as amber in the Soldier Readiness Program (SRP) Database for the Papanicolaou Test (Pap Smear) and Pregnancy Test as of 13 December 2009.  On 24 January 2009, her status was changed to green.  The applicant was ordered to active duty for Full Time National Guard Duty - Operational Support (FTNGD-OS), from 1 February 2009 to7 February 2009 and Active Duty for Training (ADT) for the Combat Lifesaver Course (CLC) from 8 February 2009 to 13 February 2009.  The applicant continues the 2 weeks of training prior to mobilization leaves her and other Soldiers two weeks shy of 1 year of being mobilized on active duty.  

4.  The applicant states several Soldiers in her battalion who went through the same two weeks of training as she did had their active duty orders amended to read 1 February 2009, but for some reason Soldiers in her company did not did not receive amendments to their active duty orders.  

5.  The applicant states there were seven females in her company, D Company, 1st Battalion, 32nd Infantry Brigade Combat Team (IBCT).  They (the females) were put under a subunit identifier code as a result of being in an all-male infantry unit.  That is the reason they were initially given for their orders starting later than the males in her company.

6.  The applicant provides:

* her DD Form 214 
* an SRP database of readiness level with dates of 13 December 2008 and 24 January 2009
* Orders 035-035, dated 4 February 2009, issued by the WIARNG
* Orders 043-476, dated 12 February 2009, issued by the WIARNG 
* Orders 350-120, dated 15 December 2009, issued by the WIARNG
* a memorandum, dated 27 April 2010, from the Deputy Chief of Staff, Personnel/G-1, WIARNG
* a memorandum, dated 30 December 2010, from the applicant to the Commander, 32nd IBCT, WIARNG
* a memorandum, dated 5 January 2001, from the 32nd IBCT, Brigade S-1 to the WIARNG G-1
* a memorandum, 24 January 2011 from the Adjutant General, Wisconsin National Guard

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the WIARNG on 14 October 2003.  

2.  On 13 December 2008, the applicant was coded amber on the SRP database for a Pap Smear and Pregnancy Test.  On 24 January 2009, she was coded green as having corrected the issues.

3.  Orders 350-120, dated 15 December 2008, issued by the WIARNG show the applicant was ordered to active duty for training for the period 8 February 2009 to 13 February 2009. 

4.  Orders 035-035, dated 4 February 2009, issued by the WIARNG show the applicant was ordered to FTNGD-OS for pre-mobilization training for the period 
1 February 2009 to 7 February 2009.

5.  Orders 043-476, dated 12 February 2009, issued by the WIARNG show the applicant was ordered to active in support of Operation Iraqi Freedom (OIF) effective 14 February 2009.

6.  On 5 February 2010, the applicant was released from active duty.  Item 12a (Date Enter AD this Period) shows the entry "20090214."  Item 12c (Net Active Service this Period) shows the entry Year(s) "0000," Month(s) "11," and Day(s) "22." 

7.  On 5 May 2010, the applicant was honorably discharged from the ARNG.

8.  By memorandum, dated 30 December 2010, the applicant submitted a request to amend Orders 043-476, dated 12 February 2009, which was addressed to the Commander, 32nd IBCT, WIARNG.  The applicant indicated her active duty orders resulted in her receiving significantly less GI Bill education benefits.  

9.  The applicant further stated she began to seek recourse through her chain of command while in Iraq and during demobilization but was not successful.  The applicant continues other Soldiers attending CLS training were also on Title 
32 orders during the first two weeks of mobilization and subsequently had their orders amended ensuring a full year of active duty credit.

10.  By memorandum, dated 5 January 2011, the 32nd IBCT, S-1 submitted the request to the WIARNG G-1 requesting the applicant's active duty report date be amended.  The official further stated the applicant was in a "Green" status from 24 January 2009 and could have had her orders amended as other Soldiers did to reflect a 1 February 2009 start date.  The applicant's unit forwarded no amendment request.

11.  By memorandum, dated 24 January 2011, the Adjutant General (TAG) of the WIARNG, submitted a request to the Army Review Boards Agency (ARBA) requesting the applicant's active duty report be amended.  TAG strongly supports adjustment of the report date on the applicant's active duty orders.  Unfortunately, he does not have the authority to amend active duty orders, and requests favorable action by ARBA.  

12.  TAG stated the applicant was qualified for active duty mobilization on 
1 February 2009.  The WIARNG was notified on 1 February 2009 that the 32nd IBCT mobilization date was changed from 21 February 2009 to 1 February 
2009.  The applicant met deployment standards effective 24 January 2009 as evidenced by the attached tracking reports maintained at this headquarters.  The applicant's orders for CLC should have been revoked and an active duty order should have been published effective 1 February 2009 based on the change to the unit's mobilization date.

13.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB), which  recommended approval of the applicant's request.  The official stated assuming that the unit's mobilization started 1 February 2009, and other Soldiers in her unit had their orders amended while attending CLC, the applicant's petition should be granted.  The applicant concurred with the recommendation.

14.  DVA Pamphlet 80-10-1 (Federal Benefits for Veterans, Dependents and Survivors) 2012 Edition, in pertinent part states veterans with 6 months but less than 12 months of active duty service will receive 50 percent of education and training benefits and veterans with 12 months but less than 18 months will receive 60 percent of education benefits.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to amend the start date of her active duty orders was carefully considered and it was determined there is sufficient evidence to support her request.

2.  The applicant attests she attempted to have her active duty orders amended through her unit to show that she served one year of active duty deployed in support of OIF but she was unsuccessful.  It appears fellow Soldiers in the same situations as her had their active duty orders amended to show 1 February 2009. For one reason or another the applicant's unit did not request an amendment to her active duty orders, even though she was eligible to deploy on active duty as early as 24 January 2009. 

3.  TAG, WIARNG and NGB confirm the applicant's contention and acknowledges this error occurred due to no fault of the applicant.  Therefore, it would serve the interest of equity and justice to:

* Amend Orders 043-476, dated 12 February 2009, to show the effective date as 1 February 2009
* Revoke Orders 350-120, dated 15 December 2008
* Revoke Orders 035-035, dated 4 February 2009

4.  In view of the foregoing, item 12a of the applicant's DD Form 214 should be corrected to show she entered active duty this period on 1 February 2009 and 
item 12c corrected to show Year(s) "1," Month(s) "00," and Day(s) "5."

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 WIARNG  records and the Department of the Army records of the individual concerned be corrected by:

	a.  revoking WIARNG:  

* Orders 350-120, dated 15 December 2008
* Orders 035-035, dated 4 February 2009

	b.  not filing the revocation orders in the applicant's OMPF; 

	c.  amending WIARNG Orders 043-476, dated 12 February 2009, to show the effective/reporting date as 1 February 2009

	d.  deleting from item 12a of her DD Form 214 the entry "20090214" and replacing it with the entry "20090201"; and 

	e.  deleting from item 12c of her DD Form 214 the entry Year(s) "0000," Month(s) "11," and Day(s) "22" and replacing it with the entry Year(s) "0001," Month(s) "00," and Day(s) "05."



      _______ _  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)                                         AR20120004689





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ABCMR Record of Proceedings (cont)                                         AR20120004689



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