BOARD DATE:	  22 August 2013

		DOCKET NUMBER:  AR20120022151 


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 mobilization reporting date.

2.  The applicant states she was fully qualified for mobilization under the provisions of Title 10, U.S. Code, section 12302, effective 1 February 2009.  However, her orders were published with a starting date of 16 February 2009, making her period of mobilization less than the year required to receive benefits.

3.  The applicant provides copies of:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 February 2010
* DD Form 2813 (Department of Defense Active Duty/Reserve Forces Dental Examination), dated 13 November 2008
* Wisconsin Army National Guard (WIARNG) memorandum, dated 4 December 2008
* pathology laboratory results, dated 12 December 2008
* Medical Operational Data System (MODS) – Individual Medical Readiness Record, dated 12 December 2008
* MODS – Individual Immunization Summary Report, dated 12 December 2008
* DA Form 4700 (Medical Record – Supplemental Medical Data), dated 15 April 2009, Medical Evaluation Checklist
* DA Form 4700, dated 15 April 2009, Pregnancy Waiver for Immunizations
* DD Form 2766C (Vaccine Administration Record), dated 15 April 2009


* WIARNG Orders 029-226, dated 29 January 2009
* WIARNG Orders 043-322, dated 12 February 2009
* WIARNG Orders 043-458, dated 12 February 2009
* WIARNG Orders 068-219, dated 12 March 2009
* Headquarters, U.S. Army Garrison, Fort McCoy, Orders 018-1146, dated 18 January 2010
* WIARNG Orders 026-080, dated 2 February 2010
* WIARNG Orders 029-153, dated 5 February 2010
* WIARNG memorandum, dated 27 April 2010
* 829th Engineer Company (Vertical) memorandum, dated 22 December 2010
* 157th Maneuver Enhancement Brigade, WIARNG, memorandum, dated 19 October 2012
* Joint Force Headquarters Wisconsin memorandum, dated 5 November 2012

CONSIDERATION OF EVIDENCE:

1.  At the time of the application, the applicant was serving as a staff sergeant/
pay grade E-6 in the WIARNG.

2.  A memorandum from the WIARNG Deputy State Surgeon, dated 4 December 2008, states the applicant was evaluated for rheumatoid arthritis and was found to meet retention standards with no restrictions.

3.  The MODS – Individual Medical Readiness Record, dated 12 December 2008, states the applicant's hearing readiness status was a "no go."  On 16 December 2008, her hearing examination resulted in a "go."  On 15 April 2009, she had a "no go" for a hepatitis B vaccination.  She was administered the hepatitis B vaccine on 2 March and 15 April 2009.

4.  WIARNG Orders 029-226, dated 29 January 2009, ordered her to active duty for special work (ADSW) for the period 1 February to 3 March 2009.  WIARNG Orders 043-322, dated 12 February 2009, amended Orders 029-226 to shorten the ADSW period to 10 February 2009.

5.  WIARNG Orders 043-458, dated 12 February 2009, ordered her to active duty as a member of her Reserve Component unit in support of Operation Iraqi Freedom commencing on 16 February 2009 for a period not to exceed 385 days by authority of Title 10, U.S. Code, section 12302.

6.  Headquarters, U.S. Army Garrison, Fort McCoy, Orders 018-1146, dated 18 January 2010, released the applicant from active duty effective 10 February 2010.

7.  The applicant's DD Form 214 shows:

	a.  she was ordered to ADSW in support of 32d Infantry Bridge Combat Team (IBCT) pre-mobilization training from 1 to 15 February 2009; and

	b.  she was ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, U.S. Code, section 12302, from 16 February 2009 to 10 February 2010;

8.  On 22 December 2010, the applicant requested amendment of WIARNG Orders 043-458 and her DD Form 214 through her chain of command to show she was mobilized under Title 10 effective 1 February 2009.

9.  On 19 October 2012, the applicant's WIARNG chain of command submitted a memorandum to the Army Review Boards Agency requesting amendment of her mobilization orders and associated DD Form 214 to reflect a starting date of 1 February 2009.

10.  On 5 November 2012, The Adjutant General (TAG), Wisconsin National Guard, submitted a memorandum to the Army Review Boards Agency requesting amendment of the applicant's orders to show she was mobilized with a starting date of 1 February 2009.  The WIARNG was notified on 1 February 2009 that the 32d IBCT mobilization date was changed from 21 February 2009 to 1 February 2009.  The applicant had met deployment standards effective 8 December 2008.  Her ADSW orders under Title 32, U.S. Code, section 502(f), should have been revoked and her mobilization orders under Title 10, U.S. Code, section 12302, should have been published effective 1 February 2009 based on the change in the unit's mobilization date.  The Adjutant General states he does not have the authority to amend the mobilization orders.  The error has affected the applicant's eligibility for educational benefits.

11.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB), dated 25 February 2013.  This opinion states the applicant had been erroneously identified as having medical and dental issues prior to deployment in 2009.

	a.  The necessary paperwork was provided to clear this issue and according to the DD Form 2813, dated 13 November 2008, and her individual medical record, dated 12 December 2008, she was identified as having met deployment standards.  However, her mobilization period did not begin until 16 February 2009.

	b.  Additionally, a memorandum from the WIARNG stated that a material error existed that prevented the applicant from entering Title 10 service on 1 February 2009 with the 829th Engineer Company.

	c.  The opinion recommended approval to change the applicant's mobilization orders to reflect a reporting date of 1 February 2009 and correction of her DD Form 214 to read "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12303 [IN ACCORDANCE WITH TITLE 10, U.S. CODE, SECTION 12302] FROM 20090201-20100210 [1 FEBRUARY 2009 TO 10 FEBRUARY 2010]."

12.  On 26 February 2013, a copy of the advisory opinion was sent to the applicant for her information and opportunity to respond.  No response was received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her mobilization orders under Title 10 should be corrected to show she was ordered to active duty effective 1 February 2009 because the incorrect starting date has affected her eligibility for educational benefits.

2.  The advisory opinion from NGB supported by the Wisconsin TAG clearly states the WIARNG was notified on 1 February 2009 that the 32d IBCT mobilization date was changed from 21 February 2009 to 1 February 2009.  Because the applicant had met all deployment standards prior to 1 February 2009, her Title 32 ADSW orders should have been revoked and her Title 10 mobilization orders should have been amended to show a starting date of 1 February 2009.

3.  Based on the available evidence, it would be in the best interests of all concerned to correct the applicant's Title 10 mobilization orders to show she was mobilized commencing 1 February 2009.  Furthermore, her DD Form 214 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 the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all  Department of the Army and State Army National Guard records of the individual concerned be corrected by:

	a.  revoking WIARNG Orders 029-226, dated 29 January 2009;

	b.  amending WIARNG Orders 043-458, dated 12 February 2009, to show she was mobilized under Title 10, U.S. Code, section 12302, effective 1 February 2009;

	c.  deleting the remarks:  "ORDERED TO ACTIVE DUTY FOR SPECIAL WORK (ADSW) IN SUPPORT OF 32D IBCT PRE-MOB TRAINING FROM 20090201 TO 20090215 PER ORDER NUMBER 029-226 DTD 20090129; AMENDED BY ORDER NUMBER 043-332 DTD 20090212; ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302 FROM 20090216 TO 20100210" from her DD Form 214; and

	d.  adding the remark:  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302 FROM 20090201-20100210" to her DD Form 214.



__________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)                                         AR20120022151



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ABCMR Record of Proceedings (cont)                                         AR20120022151



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