IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007082
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, amendment of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 September 2012, to show he entered on active duty (AD) this period in accordance with (IAW) Title 10, U.S. Code (USC).
2. The applicant states, in effect, item 18 fails to indicate the type of authority for this period of active duty such as "IAW Title 10, USC, section 12301." He was unaware that this was important information to be included in item 18 of the DD Form 214, thus he failed to ensure its inclusion when reviewing his DD Form 214 prior to signature.
3. The applicant provides:
* 2011 and 2012 active duty for training (ADT) orders
* Two 2012 amended ADT orders
* 2012 AD Operational Support-Reserve Component orders
* 2012 DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed in the U.S. Army Reserve (USAR) as a second lieutenant on 13 July 2006, with prior Reserve enlisted service. He served in Area of Concentration 12B (combat engineer). He was promoted to captain on 31 March 2011.
2. He was ordered to ADT and entered AD on 1 October 2011.
3. He provided copies of the following:
* Orders Number 001763 issued by the 88th Regional Support Command on 30 September 2011, ordering him to ADT no later than 1 October 2011 under the authority of Title 10, USC
* Orders Number 016725 issued by the 88th Regional Support Command on 28 December 2011, ordering him to ADT no later than 29 December 2011 under the authority of Title 10, USC
* Orders Number 041390 issued by the 88th Regional Support Command on 26 March 2012, amending Orders 016725 by changing the period of ADT from 90 to 120 days
* Orders Number 042998 issued by the 88th Regional Support Command on 30 March 2012, ordering him to AD Operational Support-Reserve Component no later than 2 April 2012 for period of 182 duty days under the authority of Title 10, USC
* Orders Number 043300 issued by the 88th Regional Support Command on 2 April 2012, amending Orders 016725 by changing the period of ADT for 95 to 90 days
4. He was released from AD on 30 September 2012, for completion of required active service. Item 18 of his DD Form 214 does not contain an authority for this entry on AD.
5. He was again ordered to ADT and entered AD on 29 October 2012. He was released from AD on 22 April 2013. He was issued a DD Form 214 which shows in item 18 the entry, "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."
6. He is currently serving in an active Reserve status.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers on retirement, discharge, release from AD, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation states item 18 will list the:
a. For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
(1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
(2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
b. There is no provision for showing in item 18 when a member is ordered to ADT that the authority is IAW Title 10, USC.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was ordered to ADT and entered AD on 1 October 2011 and on extended AD Operational Support-Reserve Component in March 2012. He was never deployed and never mobilized to support a contingency operation. He was released from AD on 30 September 2012 for completion of required active service and issued a DD Form 214.
2. His contention and the documents he provided were carefully considered. However, IAW regulatory guidance there are no provisions for showing in item18 that the member entered on AD IAW Title 10, USC, for members ordered to ADT. Therefore, he is not entitled to requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130007082
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ABCMR Record of Proceedings (cont) AR20130007082
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