Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140004127
Original file (20140004127 .txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140004127 


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 31 January 2012 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was mobilized under United States Code (USC) section 12302, not section 12301.

2.  The applicant states his DD Form 214 incorrectly shows the statute under which he was mobilized and he would like this error corrected.

3.  The applicant provides copies his DD Form 214, 5 January 2011 mobilization orders, and a memorandum from the applicant's Battalion S-1.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a U. S. Army Reserve (USAR) staff sergeant (E-6), was mobilized on 1 February 2011.

2.  His mobilization orders, dated 5 January 2011, show he was mobilized for Operation Enduring Freedom (CONUS Based Support) under 10 USC 12302.

3.  He was honorably released from active duty on 31 January 2012.  His DD Form 214, at block 18 (Remarks), shows he was ordered to active duty in support of Operation Enduring Freedom in accordance with 10 USC 12301.

4.  The applicant's S-1 confirms that he was mobilized under 10 USC 12302.



DISCUSSION AND CONCLUSIONS:

The applicant's mobilization orders show he was ordered to active duty under 10 USC 12302, not 12301 as shown on his DD Form 214.  It would be appropriate to correct the DD Form 214 to reflect the correct mobilization authority as 10 USC 12302.

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on the applicant's DD Form 214 in block 18 that he was mobilized under 10 USC 12302.



      _______ _   _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)                                         AR20140004127





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004127



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130014508

    Original file (20130014508.txt) Auto-classification: Approved

    The relevant orders are as follows: * Orders A-10-721768, dated 31 October 2007, with a reporting date of 5 November 2007 for 1 month 23 days – by authority of 10 USC 12301(d) * amendment Orders A-1 0-721768A01, dated 27 December 2007, amended Orders A-10-721768 to read 2 months with an ending date of 4 January 2008 – the authority remained 10 USC 12301(d) * Orders M-01-800006, dated 4 January 2008, with a reporting date of 5 January 2008, not to exceed 125 days to be released from active...

  • ARMY | BCMR | CY2012 | 20120001062

    Original file (20120001062.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, U.S. Code (USC) section 12302 instead of Title 10, USC, section 12301. Orders Number M-02-0500464, dated 7 February 2005, in block 25 (Separation Authority) references Title 10, USC, section 12302. The evidence of record indicates the applicant was ordered to active duty in...

  • ARMY | BCMR | CY2006 | 20060015887

    Original file (20060015887.txt) Auto-classification: Approved

    The Chief, Personnel Policy and Readiness Division concluded that applicant served 453 days in excess of 730 days allowed in an involuntary status and as a result his voluntary mobilization orders should have commenced on 25 August 2004. Department of the Army Personnel Policy Guidance paragraph 10-3 provides that Reserve Component Soldiers who voluntarily request to serve beyond their 24-month mobilization authorized under the provisions of Title 10 of United States Code may request an...

  • ARMY | BCMR | CY2011 | 20110011050

    Original file (20110011050.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Army’s PDMRA implementation guidance on 18 August 2007. It does not authorize PDMRA days for voluntary deployments...

  • ARMY | BCMR | CY2009 | 20090002676

    Original file (20090002676.txt) Auto-classification: Approved

    The applicant states, in effect, that his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions of Title 10, U.S. Code, section 12302 and that he was voluntarily mobilized under the provisions of Title 10, U.S. Code, section 12301(d) for any days in excess of 730. Accordingly, USAHRC-Alexandria, Orders A-04-510611, dated 25 April 2005, which ordered the applicant to active duty under the voluntary provisions of Title 10, U.S. Code,...

  • ARMY | BCMR | CY2008 | 20080007103

    Original file (20080007103.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 21 January 2003 through 27 December 2003 to show he was involuntarily ordered to active duty under the provisions of Title 10, U.S. Code, section 12302 in support of Operation Enduring Freedom. Therefore, he is entitled to have his DD Form 214 for the period 21 January 2003 through 27 December 2003 corrected to show he was ordered to active duty under this...

  • ARMY | BCMR | CY2007 | 20070007645

    Original file (20070007645.txt) Auto-classification: Approved

    12302 orders during the period 21 January 2005 through 13 February 2005 to complete 730 days of involuntary mobilization. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. As a result his second mobilization should have been for the period 21 January 2005 through 13 February 2005 to complete 730 days of involuntary mobilization under the provisions of 10 U.S.C.

  • ARMY | BCMR | CY2007 | 20070008484

    Original file (20070008484.txt) Auto-classification: Approved

    12302 orders during the period 21 January 2005 through 5 February 2005 to complete 730 days of involuntary mobilization. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. As a result his second mobilization should have been for the period 21 January 2005 through 5 February 2005 to complete 730 days of involuntary mobilization under the provisions of 10 U.S.C.

  • ARMY | BCMR | CY2007 | 20070007826

    Original file (20070007826.txt) Auto-classification: Approved

    12302 orders during the period 21 January 2005 through 19 February 2005 to complete 730 days of involuntary mobilization. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. As a result his second mobilization should have been for the period 21 January 2005 through 19 February 2005 to complete 730 days of involuntary mobilization under the provisions of 10 U.S.C.

  • ARMY | BCMR | CY2007 | 20070008485

    Original file (20070008485.txt) Auto-classification: Approved

    12302 orders during the period 21 January 2005 through 7 March 2005 to complete 730 days of involuntary mobilization. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. As a result his second mobilization should have been for the period 21 January 2005 through 7 March 2005 to complete 730 days of involuntary mobilization under the provisions of 10 U.S.C.