IN THE CASE OF:	  

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120022118 


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 her Wisconsin Army National Guard (WIARNG) mobilization orders to show she was mobilized on 10 February vice 16 February 2009.  

2.  The applicant states she was mobilized under Title 10, U.S. Code (USC), section 12302 on 10 February 2009 but the mobilization order shows 16 February 2009.  This mobilization date leaves the total period of mobilization to less than 1 year which results in lower benefits.

3.  The applicant provides:

* Request to correct mobilization date
* Favorable recommendation memorandum of correction from her chain of command
* State Adjutant General favorable recommendation memorandum
* State policy memorandum regarding correction of Individual Title 10, USC, section 12302 Mobilization Order Report Date
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Release from active duty orders
* Orders to active duty for special work (ADSW) and amendments
* Mobilization orders
* Temporary duty (TDY) orders and revocation orders
* DD Form 2813 (Department of Defense – Active Duty/Reserve Forces Dental Examination)
* Dental treatment authorization
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the WIARNG on 20 August 2002.  

2.  She entered active duty for training (ADT) on 27 August 2003 and successfully completed required training for military occupational specialty 21G (Quarry Specialist).  She was honorably released from ADT on 26 March 2004. 

3.  On 20 January 2009, the WIARNG published Orders 020-094 ordering her to proceed on a TDY from her unit, the 829th Engineer Company, to the National Guard Armory, Chippewa Falls, WI, from 4 to 6 February 2009 to attend a pre-mobilization drill.  These orders were revoked on 27 January 2009 by Orders 027-470, dated 27 January 2009.

4.  On 26 January 2009, the WIARNG published Orders 026-307 ordering her to ADSW with her unit, the 829th Engineer Company, under Title 32, USC, section 502f, from 7 February 2009 to 20 February 2009, to attend pre-mobilization training.  These orders were also revoked, by Orders 027-686, dated 27 January 2009.

5.  On 28 January 2009, the WIARNG published Orders 028-891, ordering her to ADSW under Title 32, USC, section 502f, from 1 February 2009 to 3 March 2009. She was ordered to report to the ARNG Armory in Chippewa Falls on 1 February 2009 for pre-mobilization training. 

6.  On 19 February 2009, the WIARNG published Orders 049-279, ordering her to active duty as a member of her Reserve unit for a period of 385 days in support of Operation Iraqi Freedom, under Title 10, USC, section 12302.  She was ordered to report to home station (Chippewa Falls, WI) on 16 February 2009 and mobilization station (Fort Bliss, TX), on 24 February 2009.  Period of active duty is from 16 February 2009 to 7 March 2010. 

7.  On 5 February 2010, the WIARNG published Orders 029-173 amending her mobilization orders, dated 19 February 2009, to show her period of active duty as 16 February 2009 to 10 February 2010. 

8.  On 18 January 2010, the U.S. Army Installation Management Command, Fort McCoy, WI, published Orders 018-1008, ordering her release from active duty effective 10 February 2010. 

9.  She was honorably released from active duty on 10 February 2010.  Her 
DD Form 214 shows the following entries:
* Item 12a (Date Entered Active Duty This Period) – "2009-02-01"
* Item 12b (Separation Date This Period) – "2010-02-10"
* Item 12c (Net Active Service This Period) – "0001-00-10"

10.  Item 18 (Remarks) of her DD Form 214 shows the following entries:

* served in a designated imminent danger pay area/service in Iraq 20090501 to 20100114
* individual completed period for which ordered to active duty for purpose of post service benefits and entitlements
* member has completed first term of service
* ordered to active duty for special work in support of pre-mobilization training from 20090201 to 20090215
* ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, USC, section 12302 from 20090216 to 20100210

11.  On 28 March 2011, she submitted a memorandum through her chain of command wherein she requested to amend her individual mobilization orders and the mobilization dates shown on her DD Form 214 to begin on 10 February 2009 instead of 16 February 2009.  She stated:

* state headquarters of the WIARNG showed she was not ready for mobilization due to dental disqualification
* she provided documents to her unit on 10 February 2010 that show she had no dental issues and those documents were sent to the State headquarters that same day

12.  On 19 October 2012, her immediate, intermediate, and senior commanders recommended a correction to her mobilization dates.  Their combined memorandum states:

* the applicant was identified as having dental issues prior to her deployment in 2009
* she provided the necessary paperwork (DD Form 2813, dated 10 February 2009) that cleared those issues
* her mobilization did not begin until 16 February 2009; this material error affects her entitlement to benefits

13.  On 5 November 2012, The Adjutant General (TAG), State of Wisconsin strongly recommended approval of the applicant's request.  He stated that the applicant was qualified for Title 10, USC, section 12302, mobilization on 
10 February 2009.  The ARNG was notified on 1 February 2009 that her brigade mobilization date was changed from 21 February to 1 February 2009.  She met deployment standards effective 10 February 2009 as evidenced by the DD Form 2813.  Her ADSW orders under Title 32 should have been revoked and her mobilization orders under Title 10 should have been published effective 
10 February 2009 based on the change to the unit mobilization date.  Due to this error, the applicant's eligibility for education benefits is affected.   

14.  An advisory opinion was obtained on 21 February 2013 from the National Guard Bureau (NGB) in the processing of this case.  An NGB official recommended approval to adjust her mobilization orders and her DD Form 214 to show she was ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, USC, section 12302 from 10 February 2009 to 10 February 2010.  He added:

	a.  She was erroneously identified as having dental issues prior to deployment in 2009.  She submitted the necessary paperwork to clear this issue and according to the DD Form 2813, dated 10 February 2009, she was identified as having met deployment standards.  However, her mobilization did not begin until 16 February 2009.  Additionally, a memorandum from the WIARNG states that a material error existed that prevented her from entering Title 10 service on 10 February 2009 with the 829th Engineer Company. 

	b.  The State of Wisconsin TAG states the applicant was qualified under Title 10, USC, section 12302 on 10 February 2009.  WIARNG was notified on 1 February 2009 that the brigade mobilization date had changed from 21 February 2009 to 1 February 2009.  The applicant was on Title 32 ADSW orders which should have been revoked and her Title 10 orders should have been published effective 10 February 2009.

	c.  The State concurs with the recommendation. 

15.  The applicant was provided with a copy of this advisory opinion but she did not respond.

16.  WIARNG Policy Memorandum, dated 27 April 2010, prescribes the appeal process for Soldiers and units to request an amendment to Title 10, USC, section 12302 mobilization orders.  It states Soldiers, with a material error, may request through their chain of command to their Major Subordinate Command (MSC) an amendment.  The MSC forwards the request to the WIARNG G-1 who forwards the request to the NGB.  NGB verifies the request and forwards it to the Army Review Boards Agency for action.  If a request is approved and orders are amended, a pay collection may occur for those Soldiers who were paid under Title 32 orders.  MSCs will contact the financial officer for collection details. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to ADSW under Title 32, USC, section 502f, from 1 February 2009 to 3 March 2009 for pre-mobilization training.  She entered active duty on 1 February 2009.  While on active duty, her higher command's mobilization orders were changed from 21 February to 1 February 2009.  

2.  When the unit was ordered mobilized in support of Operation Iraqi Freedom, State headquarters of the WIARNG showed she was not ready for mobilization due to dental disqualification.  She provided documents to her unit on 10 February 2010 that showed she had no dental issues and those documents were sent to the State headquarters that same day.  In other words, she was deployable on that date (10 February 2009).  However, her mobilization orders still read 16 February 2009.

3.  When she was released from active duty on 10 February 2010, her DD Form 214 was prepared in accordance with her ADSW orders (1 February 2009 to 15 February 2009) and mobilization orders (16 February 2009 to 10 February 2010).  She should not be penalized for administrative errors caused by others.

4.  As her chain of command, including the subordinate commanders, TAG, and the NGB all recommend approval of her request, and since none of these errors were caused by her, as a matter of equity, she should be entitled to correction of her ADSW and mobilization orders as well as her DD Form 214 to show the correct dates, as recommended below. 

BOARD VOTE:

____X____  __X______  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  Amending the period of TDY stated in Orders 028-891, issued by the WIARNG on 28 January 2009 from "20090201 – 20090301" to "20090201 – 20090209"; 

	b.  Amending the Report to Home Station date listed in Orders 049-279, issued by the WIARNG on 19 February 2009 from "16 February 2009" to "10 February 2010"; and

	c.  Amending item 18 of her DD Form 214, ending on 10 February 2010 as follows:

		(1)  delete the entry "Ordered to active duty for special work in support of pre-mobilization training from 20090201 to 20090215" and add the entry "Ordered to active duty for special work in support of pre-mobilization training from 20090201 to 20090209"; and

		(2)  delete the entry "Ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, USC, section 12302 from 20090216 to 20100210" and add the entry "Ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, USC, section 12302 from 20090210 to 20100210." 



      _______ _   _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)                                         AR20120022118



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ABCMR Record of Proceedings (cont)                                         AR20120022118



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