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