BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130008073 


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, correction of his records to show he was mobilized and called to active duty during the period September 2009 to January 2010.

2.  The applicant states he was activated in September 2009 and went through administrative and medical mobilization processing procedures.  He was offered the option of deploying with his unit or remaining with the rear detachment.  In January 2010 he was demobilized, removed from active duty, and his medical benefits discontinued.  He did not receive any mobilization orders for this period of service.  He has a service-connected injury and this situation has adversely affected his claims for entitlement to government benefits.

3.  The applicant provides copies of a line of duty investigation, three pay documents, a mobilization checklist, his discharge orders, and a Florida Army National Guard (FLARNG) letter.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant enlisted in the Regular Army on 3 March 1988 and he was honorably discharged on 21 October 1988 based on unsatisfactory performance.  Item 12 (Record of Service), block c, shows he completed 7 months and 19 days of net active service this period.

2.  The applicant enlisted in the Army National Guard of the United States (ARNGUS) and FLARNG on 19 May 2004.

3.  A DD Form 214 shows the applicant entered active duty on 28 February 2006, he was honorably released from active duty training (ADT) on 28 April 2006, and transferred to his FLARNG unit.  Item 12, block c, shows he completed 2 months and 1 day of net active service this period.

4.  Department of Military Affairs, Office of the Adjutant General, St. Augustine, FL, Orders 256-102, dated 20 January 2009, ordered the applicant to proceed on one (1) day temporary duty (TDY) at the Medical Clinic, Tyndal Air Force Base, for medical/dental care on 20 January 2009.

5.  Florida National Guard, Office of the Adjutant General, St. Augustine, FL, Orders 272-130, dated 29 September 2009, released the applicant from Company D, 53rd Support Battalion, Forward Support Command (FSC), Chipley, FL, and transferred him to Company D, 53rd Support Battalion, FSC (Rear), Chipley, FL, effective 29 September 2009.  The orders show the reason for the transfer was based on the applicant's request.

6.  Department of Military Affairs, Office of the Adjutant General, St. Augustine, FL, Orders 066-040, dated 1 October 2009, ordered the applicant to annual training (AT) during the period 1 to 15 October 2009 to attend the AT 2010 Fall Classic at Camp Blanding Joint Training Center, Starke, FL, and to return to his FLARNG unit.

7.  Florida National Guard, Office of the Adjutant General, St. Augustine, FL, Orders 139-036, dated 19 May 2010, honorably discharged the applicant from the FLARNG and as a Reserve of the Army effective 18 May 2010.

8.  The applicant's National Guard Bureau (NGB) Form 22 (Report of Separation) shows he was honorably discharged from the ARNGUS and FLARNG on 18 May 2010 based on expiration of term of service.  It also shows in item 10 (Record of Service), block a, that he completed 6 years of net service this period.

9.  A review of the applicant's Army Military Human Resource Record failed to reveal any orders or other evidence that he was mobilized or ordered to active duty during the period September 2009 through January 2010.

10.  In support of his application the applicant provides the following documents:

   a.  DA Form 2173 (Statement of Medical Examination and Duty Status) that shows the applicant was injured on 11 January 2009 when he lacerated the   third finger of his left hand on a grenade simulator.  It also shows he was treated at the Northwest Florida Medical Center at 1400 hours, 11 January 2009.  It further shows the training period was from 9 to 11 January 2009 and that the injury was considered to have been incurred in line of duty.  The DA Form 2173 is not signed by the unit commander nor does it show (on the reverse side of the form) any action taken by the approving authority.

   b.  DD Form 1561 (Statement to Substantiate Payment of Family Separation Allowance (FSA)), dated 13 May 2009, that shows the applicant applied for Type II FSA (Temporary) and that the certifying officer signed the form with his signature on an unspecified date.

   c.  DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance (VHA), dated 13 May 2009, that shows the applicant requested BAQ (with dependents) and that the certifying officer signed the form on 13 May 2009.

   d.  Finance Mobilization/Demobilization Documentation Requirements Checklist, undated, pertaining to the applicant that shows for Entitlements Verified; Mobilization:  Start:  Mobilization Orders; Required Documents:  Mob Orders; the entry "NA" (i.e., Not Applicable) is circled and the item is initialed.

   e.  DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), for check dated 5 January 2011, that shows as of
9 February 2007, the applicant had 14 high tempo deployment days accrued.

   f.  Florida National Guard, Office of the Adjutant General, St. Augustine, FL, memorandum, dated 16 April 2013, that shows the Deputy Chief of Staff, Personnel, FLARNG, notified the applicant, "we were unable to verify that you were activated during the time frame indicated."  He added that, "please keep in mind that if a unit was activated or mobilized, this does not mean that every member received activation/mobilization orders."

11.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial or Full Mobilization), chapter 2 (Active Duty to Fill Active Army Vacancies), section IV (Ordering individuals to active duty), paragraph 2-10, provides that enlisted Soldiers will be ordered to active duty in their reserve grade, unless they volunteer to accept a grade reduction to meet grade limitations.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was mobilized and ordered to active duty during the period September 2009 to January 2010.

2.  Records show the applicant had two separate periods of active duty, as follows:

* enlisted on 3 March 1988; honorably discharged on 21 October 1988
* ADT from 28 February 2006 through 28 April 2006

3.  The evidence of record shows the applicant:

* was injured during training on 11 January 2009
* was authorized 1 day TDY at Tyndal Air Force Base for medical care on 20 January 2009
* applied for BAQ with dependents and temporary FSA on 13 May 2009
* was transferred to Company D, 53rd Support Battalion, FSC (Rear), Chipley, FL, on 29 September 2009, based on his request
* was ordered to attended AT during the period 1 - 15 October 2009
* was honorably discharged from the ARNGUS/FLARNG on 18 May 2010

4.  The available records offer no evidence that the applicant was mobilized or activated (i.e., ordered to active duty) during the period September 2009 through January 2010.

5.  The Finance Mobilization/Demobilization Documentation Requirements Checklist that the applicant provides shows for the item "Mobilization Orders" the entry "NA."  In addition, the Deputy Chief of Staff for Personnel, FLARNG, notified the applicant that they were unable to verify that he was activated during the time frame in question.  Moreover, there are no orders or other evidence in the applicant's military service records that shows he mobilized or ordered active duty during the period September 2009 through January 2010.

6.  Therefore, in view of all of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130008073



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ABCMR Record of Proceedings (cont)                                         AR20130008073



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