IN THE CASE OF:	  

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120020358 


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:

   a.  her mobilization orders be amended to show her report date was 
1 February 2009 instead of 16 February 2009; and

	b.  item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 February 2010 be amended to show she was ordered to active duty in support of Operation Iraqi Freedom from 1 February 2009 to 9 February 2010.  

2.  The applicant states:

* she was qualified for Title 10, U.S. Code, section 12302 mobilization on   1 February 2009
* her mobilization order report date is 16 February 2009
* the period of mobilization is less than 1 year which results in lower education benefits 

 3.  The applicant provides:

* Memoranda, dated 22 October 2012, 19 October 2012, and 27 April 2010
* Discharge orders, dated 17 January 2010
* DD Form 214 for the period ending 9 February 2010


* Mobilization orders, dated 12 February 2009
* Amendment orders, dated 4 February 2010 and 12 February 2009
* Active duty orders, dated 29 January 2009 and 16 January 2009
* Revocation orders, dated 25 January 2009
* Cytology report, dated 12 December 2008
* Health record, dated 16 December 2008 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 10 October 2007 for a period of 8 years.

2.  Wisconsin State Orders 029-128, dated 29 January 2009, show she was ordered to active duty for special work (ADSW) for the period 1 February 2009 to 
3 March 2009.  These orders were amended by Orders 043-226, dated 
12 February 2009, to show the period of active duty as from 1 February 2009 to 15 February 2009.
  
3.  Wisconsin State Orders 043-461, dated 12 February 2009, show she was ordered to active duty on 16 February 2009 in support of Operation Iraqi Freedom.  These orders were amended to show the period of active duty was 
16 February 2009 to 9 February 2010.

4.  On 9 February 2010, she was released from active duty (REFRAD).  Item 
18 of her DD Form 214 for the period ending 9 February 2010 shows, among other entries, the entries:

	a.  "ORDERED TO ACTIVE DUTY FOR SPECIAL WORK (ADSW) IN SUPPORT OF 32ND IBCT (Infantry Brigade Combat Team) PRE-MOB (pre-mobilization) TRAINING FROM 20090201 TO 20090215 PER ORDER NUMBER 029-128 DTD 20090129; AMENDED BY ORDER NUMBER 043-226 DTD 20090212."

	b.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW10 [sic] (in accordance with Title 10) USC (U.S. Code) 12302 FROM 20090216 TO 20100209."

5.  She provided a memorandum, dated 22 October 2012, from The Adjutant General (a major general), Wisconsin National Guard who states:



	a.  he strongly supports adjustment of the applicant's mobilization order report date.

	b.  she was qualified for mobilization on 1 February 2009.

	c.  the Wisconsin Army National Guard (WIARNG) was notified on 1 February 2009 that the 32nd IBCT mobilization date was changed from 21 February 2009 to 1 February 2009.

	d.  she met deployment standards effective 16 December 2008.

	e.  her ADSW order should have been revoked and a Title 10 mobilization order should have been published effective 1 February 2009 based on the change to the unit's mobilization date.

	f.  due to this error, the applicant's eligibility for education benefits is affected.  

6.  She also provided a memorandum, dated 19 October 2012, from her chain of command who state:

* she was erroneously disqualified for deployment due to medical and dental issues
* she provided the necessary paperwork to clear these issues 
* her mobilization period did not begin until 16 February 2009
* a material error existed that prevented the applicant from entering Title 
     10 service on 1 February 2009
* her mobilization order and DD Form 214 should be amended to reflect a Title 10 start date of 1 February 2009 

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was ordered to ADSW for the period 1 February 2009 to 15 February 2009.  She was ordered to active duty on 16 February 2009 in support of Operation Iraqi Freedom and she was REFRAD on 9 February 2010.  However, The Adjutant General, Wisconsin National Guard stated:

	a.  she was qualified for mobilization on 1 February 2009.

	b.  the WIARNG was notified on 1 February 2009 that the 32nd IBCT mobilization date was changed from 21 February 2009 to 1 February 2009.

	c.  her ADSW order should have been revoked and a Title 10, U.S. Code, 12302 mobilization order should have been published effective 1 February 2009 based on the change to the unit's mobilization date.

2.  Based on the foregoing and notwithstanding the confusingly-worded chain of command’s memorandum, it would be appropriate to correct her mobilization orders to show her period of active duty was 1 February 2009 to 9 February 2010.  In addition, her ADSW orders should be revoked and her DD Form 214 for the period ending 9 February 2010 should be corrected accordingly.

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a.  revoking her ADSW orders;

	b.  amending her mobilization orders to show her period of active duty was 
1 February 2009 to 9 February 2010;

	c.  amending her DD Form 214 for the period ending 9 February 2009 by deleting the entry "ORDERED TO ACTIVE DUTY FOR SPECIAL WORK (ADSW) IN SUPPORT OF 32ND IBCT PRE-MOB TRAINING FROM 20090201 TO 20090215 PER ORDER NUMBER 029-128 DTD 20090129; AMENDED BY ORDER NUMBER 043-226 DTD 20090212" in item 18; and

	d.  deleting the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW10 USC 12302 FROM 20090216 TO 20100209" from item 18 and replacing it with the entry "ORDERED TO ACTIVE 


DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302 FROM 20090201 TO 20100209."



      _______ _   _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)                                         AR20120020358





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ABCMR Record of Proceedings (cont)                                         AR20120020358



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