IN THE CASE OF:  

		BOARD DATE:  16 January 2014

		DOCKET NUMBER:  AR20130009778


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 January 2009 to show his stateside mobilized service in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).

2.  The applicant states his DD Form 214 makes no mention of his service in support of these operations during three separate periods of mobilization.

3.  The applicant provides:

* DD Form 214 for the period ending 16 January 2009
* Headquarters, 100th Division (Institutional Training (IT)), Louisville, KY, Orders 03-311-00193, dated 7 November 2003
* Headquarters, 100th Division (IT), Orders 04-286-0039, dated 12 October 2004
* Headquarters, 100th Division (IT), Orders 05-064-00025, dated 5 March 2005
* U.S. Army Human Resources Command  (HRC), Alexandria, VA, Orders A-11-523313, dated 9 November 2005
* HRC Orders A-08-622249, dated 24 August 2006
* Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, Orders 347-1339, dated 12 December 2008


CONSIDERATION OF EVIDENCE:

1.  On 22 June 1979, the applicant enlisted in the Regular Army.  He completed initial entry training and was awarded military occupational specialty 95B (Military Police).

2.  On 21 June 1982, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  He was honorably separated from the USAR on 12 November 1991 for the purpose of enlistment in the Army National Guard (ARNG).

3.  On 13 November 1991, he enlisted in the Tennessee ARNG.  On 21 April 1997, he was honorably discharged from the Tennessee ARNG for the purpose of enlistment in the USAR.

4.  On 22 April 1997, he enlisted in the USAR.  He served in a variety of assignments and he was promoted to the rank/grade of master sergeant/E-8.

5.  On 31 August 2000, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

6.  Headquarters, 100th Division (IT), Orders 03-311-00193, dated 7 November 2003, ordered him to active duty as a member of his Reserve Component unit effective 14 November 2003 for a period of 365 days.

* he was ordered to report to Nashville, TN, effective 14 November 2003 and to Fort Leonard Wood effective 17 November 2003
* the stated purpose on the orders was "Mobilization for Enduring Freedom (Other than Homeland) (2001-Present)
* the stated authority on the order was "Permanent Orders 293-1"

7.  Permanent Orders 293-1 are not available for review in this case.

8.  Headquarters, 100th Division (IT), Orders 04-286-0039, dated 12 October 2004, amended the period of active duty cited in Orders 03-311-00193 from 365 days to 545 days.  These orders do not cite an authority for this change.

9.  Headquarters, 100th Division (IT), Orders 05-064-00025, dated 5 March 2005, further amended the period of active duty cited in Orders 03-311-00193 as amended by Orders 04-286-0039 from 545 days to 730 days.  The stated authority in these orders is "DA Amendment Order 619-05."

10.  HRC Orders A-11-523313, dated 9 November 2005, ordered him to active duty under the provisions of Title 10, U.S. Code (USC), section 12301(D), effective 13 November 2005 for a period of 365 days.

* his ultimate duty station was Fort Leonard Wood
* the cited purpose was "CO TTAD [Contingency Operations Temporary Tour of Active Duty] SPT [in support of] OPN (Operation) Noble Eagle (ONE)"

11.  HRC Orders A-08-622249, dated 24 August 2006, ordered him to active duty under the provisions of Title 10, USC, section 12301(D), effective 13 November 2006 for a period of 320 days.

* his ultimate duty station was Fort McClellan, AL
* the cited purpose was "CO TTAD SPT OPN Enduring Freedom"

12.  He was extended on active duty after the expiration of the above cited orders; however, his records are void of the orders or authority documents that extended him on active duty.

13.  On 4 November 2008, he underwent a formal physical evaluation board at Fort Lewis, WA.  This board recommended his retirement from military service by reason of physical disability.

14.  On 16 January 2009, he was honorably retired from the Army by reason of permanent disability.  Item 18 (Remarks) of his DD Form 214 does not cite his mobilized service in support of named operations or the provision of USC used to support his orders to active duty.

15.  His records are void of documentation that shows he served a period of active duty in support of OIF.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active service or control of the Active Army.  A pending revision to the regulation provides guidance pertaining to preparation of item 18 of the DD Form 214.  It provides that for Reserve Component Soldiers ordered to active duty, participating in or supporting a contingency operation, and stationed in the continental United States, the following statements should be entered in item 18:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER 10 USC (applicable section)"
* "SOLDIER HAS/HAS NOT COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 16 January 2009 to show his stateside mobilized service in support of OEF and OIF was carefully considered.

2.  The evidence of record shows he served on active duty in support of OEF and ONE.  His DD Form 214 does not reflect an entry in item 18 for this service; therefore, it would be appropriate to correct his DD Form 214 to show this service.

3.  The evidence of record does not show he served on active duty in support of OIF; therefore, there is no basis to grant his request for correction of his DD Form 214 to show he served in support of OIF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 for the period ending 16 January 2009 to add the following statements:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM PER 10 USC 12301(D)"
* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION NOBLE EAGLE PER 10 USC 12301(D)"
* "SOLDIER HAS COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he served in support of OIF.



      _______ _  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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20130009778



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