IN THE SUPREME COURT OF OHIO

State of Ohio ex rel. Harry C. Turner, III,

Relator-Appellant, Case No. 08-0881

-vs-

State Personnel Board of Review, et al.,

Respondents-Appellees.

MOTION FOR STAY OF APPELLANT HARRY C. TURNER, III

Harry C. Turner, III Attorney General of Ohioc/o NAVELSG Forward Hotel 30 E. Broad Street, 17`s FloorAPO AE 09366 Columbus, Ohio 43215(No available phone) 614.728.5417harry.turner(cdnavy.rn il

Appellant, Pro Se

Katharine AdamsLabor Relations30 E. Broad Street, 26`h FloorColumbus, Ohio 43215614.466.2980

Timothy M. MillerEmployment Law Section150 E. Gay Street, 22"d FloorColumbus, Ohio 43215614.644.7257

Counsel for Appellees

F

-1-

LEDRAN IONS

amay-can"^.lll7^^^1ul^^l4^^T (p^i-(^NNp11

IN THE SUPREME COURT OF OHIO

State of Ohio ex rel. Harry C. Turner, III,

Relator-Appellant, . Case No. 08-0881

-vs-

State Personnel Board of Review, et al.,

Respondents-Appellees.

MOTION FOR STAY OF APPELLANT HARRY C. TURNER, III

Under 50 U.S.C. App. § 501 et seq., the Servicemembers Civil Relief Act of 2003,

Appellant moves this Honorable Court for a stay until7une 7, 2009, on the grounds that, having

been called to active duty in the United States Navy beginning March 7, 2008, until on or about

March 6, 2009, he cannot appear before this Honorable Court nor effectively participate in the

prosecution of this appeal. Attached to this motion is a letter from the Commanding Officer of

the Navy Operational Support Command, Vienna, Ohio, explaining that Appellant will not be

permitted leave to return to Ohio during his tour of duty in the U.S. Central Command theater of

operations, i.e., encompassing any area of southwest Asia, northeast Africa, or the Middle East.

Appellant is presently located in that area of the world. Accompanying this letter is a copy of

Appellant's mobilization orders. The grounds for this motion are more fully set forth in the

accompanying memorandum in support.

Respectfully submitted,

5 3"^'^i^

H . Turner, HIAppellant, Pro Sec/o NAVELSG Forward HotelAPO AE 09366(No available phone)lrarry.turner(cr^navy.mil

MEMORANDUM IN SUPPORT

On March 7, 2008, Appellant was activated in the United States Navy in support of

"Operation Enduring Freedom." The theater of operations for "Operation Enduring Freedom" is

directed by the U.S. Central Command, which has operational authority over such areas as

southwest Asia, northeast Africa, and the Middle East. (See Mobilization Orders, beginning on

the second page of Exhibit "A".) Under the Servicemembers Civil Relief Act (hereinafter

"SCRA"), 50 U.S.C. App. § 501 et seq., Appellant qualifies.for a stay of the proceedings in this

action.

The SCRA, like its predecessor statute, the Soldiers' and Sailors' Civil Relief Act,

"provide[s] for the temporary suspension of judicial and administrative proceedings. .. that may

adversely affect the civil rights of military service membersduring their,military service." 50

U.S.C. App. § 502(2). The United States Supreme Court stated that the statute "must be read

with an eye friendly to those who dropped their affairs to answer their country's call." Le

Maistre v. Leffers ( 1948), 33 U.S. 1, 6.

-3-

The specific SCRA section that applies here is § 522, which provides that service

members who are engaged in a civil proceeding are entitled to a stay of the action for a minimum

of 90 days, or for the period of the military service, and up to 90 days afterward. 50 U.S.C. App.

§ 522. Appellant will be in the military service on and after March 7, 2008, until on or about

March 6, 2009. (Exhibit "A") As for notice of this action, this Honorable Court's rules reflect

that a briefing schedule is established when matters are brought on direct appeal.

The SCRA, at 50 U.S.C. App. § 522(b) and (d)(1), sets out the requirements for a stay in

these circumstances:

§ 522(b) Stay of Proceedings

(1) Authority for stay. At any stage before final judgment in a civil action orproceeding in which a servicemember described in subsection (a) is a party,the court may on its own motion and shall, upon application by theservicemember, stay the action for a period of not less than 90 days, if theconditions in paragraph (2) are met.

(2) Conditions for stay. An application for a stay under paragraph (1) shallinclude the following:

(A) A letter or other conununication setting forth facts stating the mannerin which current military duty requirements materially affect theservicemember's ability to appear and stating a date when theservicemember will be available to appear.

(B) A letter or other communication from the servicemember'scommanding officer stating that the servicemember's current militaryduty prevents appearance and that military leave is not authorized forthe servicemember at the time of the letter.

§ 522(d) Additional stay

(1) Application. A servicemember who is granted a stay of a civil action orproceeding under subsection (b) may apply for an additional stay based oncontinuing material affect of military duty on the servicemember's ability toappear. Such an application may be made by the servicemember atthe timeof the initial application under subsection (b) or when it appears that theservicemember is unavailable to prosecute or defend the action. The sameinformation required under subsection (b)(2) shall be included in anapplication under this subsection.

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In fulfillment of these conditions, Exhibit "A" includes a copy of Appellant's

Mobilization Orders from Vice Admiral J.C. Harvey Jr., Chief of Naval Operations, informing

Appellant of his mobilization to duty in Williamsburg, Virginia, and subsequently to duty in the

U.S. Central Command theater of operations. The information concerning military leave is

provided in the letter from the Commanding Officer of the Navy Operational Support Command,

Vienna, Ohio, in Exhibit "A", which confirms that leave is not and would not be available for

Appellant to return to Ohio to participate in these proceedings.

Appellant's current military duty requirements prevent his being able to return to Ohio to

prosecute this appeal of right. Moreover, Appellant's absence from the United States also

completely inhibits his ability to confer with or retain legal counsel in the prosecution of this

appeal.

In consideration of the above, Appellant would respectfully move that this Honorable

Court stay this action, appeal, and any associated briefing schedule until on or about June 7,

2009.

Respectfully submitted,

Harry g7 Tl.irner, III

c/o Nt1VELSG Forward HotelAPO AE 09366(No available phone)harryxumergnavy.niil

CERTIFICATE OF SERVICE

I hereby certify and affirm that a copy of the foregoing Motion for Stay of Appellant

Harry C. 3rrner, III, was served by regular U.S. Mail, postage pre-paid, on this Ob'AIR

day of May, 2008, upon the following personnel:

The Attorney General of Ohio30 E. Broad Street, 17th FloorColumbus, Ohio 43215

Katharine AdamsState of Ohio, Office of the Attorney GeneralLabor Relations30 E. Broad Street, 26`h FloorColumbus, Ohio 43215

Timothy M. MillerState of Ohio, Office of the Attomey GeneralEmployment Law Section150 E. Gay Street, 22°d FloorColumbus, Ohio 43215

Counsel for Appellees

DEPARTMENT OF THE NAVYNAVAL AND MARINE CORPS RESERVE CENTER

BUILDING 540 AFRESBASE3893 KING GRAVES ROADVIENNA, OH 44473-5000

1070Pers/13 Feb 08

From: Commanding Officer, Navy Operational Support CommandTo: State of Ohio Attorney General's Office

Subj: STATUS OF MAl HARRY C. TURNER,1IU6779 USNR

Encl: (1) Mobilization Orders dated 26 Dec 07

1. Please be advised that MAl Harry C. Tumer, III, has been ordered to a period ofactive duty with the United States Navy. MAl Turner's mobilization orders cover theperiod of March 7,2008, to March 6, 2009, inclusive. During this period of active duty,MAI Turner's duties and the tempo of the mission will not allow him to use leave whilehe is on active duty.

2. MA 1 Turner will not have the opportunity to use any acquired leave until his unit hasarrived back in the United States and the unit has completed necessary demobilizationprocedures.

3. Point of contact is P51 Paul L. Webber, commercial (330) 609-1900, ornaul.webber4navy.mil.

F.S. VINCENZO

0K*1/i3 t i -,;f i,

ORIGINALPAAUZYUW RUCCBWF0001 3600016-UUUU--RHMCSUU.ZNR UUUUUP 260016Z DEC 07 ZYBFM COMNAVPERSCOM MILLINGTON TN RESERVE ORDERS ONE

//PERS4G//TO NAVOPSPTCEN YOUNGSTOWN OH//N1/OSO//PERSUPP DET WILLOW GROVE PA//JJJ//COMNAVREG MIDLANT NORFOLK VA//N1/OSO//PERSUPP DET NAVSTA NORFOLK VA//JJJ//COMAVELSG WILLIAMSBURG VA//N1/OSO//PERSUPP DET LITTLE CREEK VA//JJJ//INFO CNO WASHINGTON DC//N122F/N123/N312/N951/MOBCELL//COMUSFLTFORCOM NORFOLK VA//N02R/N1/N14/N3/N34//34//COMPACFLT PEARL HARBOR HI//N01RL1//COMUSNAVCENT//N1/OSO//COMNAVPERSCOM MILLINGTON TN//PERS02/PERS45/PERS461//COMNAVRESFOR NEW ORLEANS LA//N02R/N1/N12/N14/N3/N34/N7/MOBCTR//COMNAVAIRFORES SAN DIEGO CA//N00/N1/N2/N3/N5/N9//COMNAVRESFORCOM NEW ORLEANS LA//N00/N1/N3/N5//ECRC LITTLE CREEK VA//N3//NAVRESREDCOM SE JACKSONVILLE FL//N00/N1/N3/N5//NAVRESREDCOM NORTHWEST EVERETT WA//N00/N1/N3/N5//COMNAVSPECWAROPSUPPGRU CORONADO CA//JJJ//COMNAVSECGRURES FT GEORGE G MEADE MD//OSO//BTUNCLASMSGID/GENADMIN/COMNAVPERSCOM MILLINGTON TN RESERVE ORDERS ONE//SUBJ/BUPERS MOBILIZATION ORDER: 3607 XXX-XX-6779RMKS/

OFFICIAL RECALL TO ACTIVE DUTY ORDERS FORMA1 TURNER HARRY CLIFFORD III, USNR, XXX-XX-67794685 RHODE ISLAND DRYOUNGSTOWN OH 445150000

REF: (A) SEC 12302, TITLE 10 USC(B) COMNAVRESFOR NEW ORLEANS LA 211500Z DEC 07(C) MOBILIZATION EVENT NBR: 2025(D) OPNAVINST 3060.7B(E) CURRENT CNO Ni POLICY AND GUIDANCE FOR RECALL OF

RESERVISTS UNDER PARTIAL MOBILIZATION AUTHORITY,CNO N1 MSG DTG 272246Z MAR 02.

(F) ASSISTANT SECRETARY OF DEFENSE (RESERVE AFFAIRS)MEMORANDUM DATED 16 JUNE 2004 (SUBJ: ENHANCED HEALTHCARE BENEFITS FOR RESERVE COMPONENT MEMBERS AND THEIRDEPENDENTS

(G) ASSISTANT SECRETARY OF DEFENSE (RESERVE AFFAIRS)MEMORANDUM DATED 15 MARCH 2007 (SUBJ: REVISEDMOBILIZATION/DEMOBILIZATION PERSONNEL AND PAY POLICIESFOR RESERVE COMPONENT MEMBERS

(H) JOINT FEDERAL TRAVEL REGULATIONS (JFTR)(I) SECRETARY OF THE NAVY MEMORANDUM DATED 17 JUNE 2002

(J) SECRETARY OF THE NAVY MEMORANDUM DATED 30 JULY 2003

0 R I G l N A L (,,)

O.RlG1NALITINERARY

------ACTIVATION ACTIVITY------UNDER PARTIAL MOBILIZATION AUTHORITY OF REFERENCE (A), YOU AREHEREBY INVOLUNTARILY ORDERED TO REPORT FOR ACTIVE DUTY IAWREFERENCES (B) THROUGH (J) FOR A PERIOD OF 365 DAYS, UNLESS RELEASEDSOONER BY THE ORDER ISSUING AUTHORITY. THESE ORDERS MAY BE EXTENDEDFOR A TOTAL OF UP TO 24 MONTHS BY THE ORDER ISSUING AUTHORITY, IAWREF M. REPORT AS DIRECTED BELOW FOR ACTIVATION PROCESSING.

RPT NOT LATER THAN 0800 ON 07MAR08 EDA: 07MAR08TO: NAVOPSPTCEN YOUNGSTOWN OH UIC: 62098

3893 KING GRAVES RDAFRESSTA BLDG 540VIENNA OH 44473-5000

FOR TEMPORARY DUTY ACC: 330PERSONNEL ACCOUNTING SUPPORT: PSD WILLOW GROVE UIC: 43315

------INTERMEDIATE NMPS ACTIVITY------RPT NOT LATER THAN 0730 ON 10MAR08TO: NMPS NORFOLK VA

NAVAL STATION NORFOLK1683 GILBERT ST. BLDG J-50NORFOLK, VA 23511

FOR TEMPORARY DUTYPERSONNEL ACCOUNTING SUPPORT: PSD NORVA

------INTERMEDIATE ACTIVITY------

EDA: 10MAR08UIC: 3254A

ACC: 330UIC: 42574

REPORT ON OR ABOUT 21MAR08 EDA: 21MAR08TO: COMNAVELSG WILLIAMSBURG UIC: 81464

CHEATAM ANNEX593 MAYFIELD STWILliIAMSBURG VA 23185-0000

FOR TEMPORARY DUTY ACC: 330PERSONNEL ACCOUNTING SUPPORT: PSD LCREEK UIC: 42575

------ULTIMATE ACTIVITY------

WHEN DIRECTED REPORT TO ULTIMATE DUTY STATION FOR DUTY.FOR PAY AND PERSONNEL ACCOUNTING REPORT TO PERSONNELSUPPORT ACTIVITY DETACHMENT AS INDICATED BELOW:

REPORT ON OR ABOUT 08MAY08 EDA: 08MAY08TO: COMNAVELSF FORWARD UIC: 84373

NAVELSG FWDFPO AE 09366-0000

SPONSOR/POC: LCDR GUILLORY, COMM; 757-256-1346 ACC: 107FOR ACTIVE DUTY SPI: JPERSONNEL ACCOUNTING SUPPORT: PSD LCREEK UIC: 42575

ORIGINAL

ORIGINALBILLET INFORMATIONORDERS ISSUED IN SUPPORT OF OPERATION ENDURING FREEDOMCJCS PROJECT CODE : 9GFRTN: NE-3323-0021RFF:URF: 8545EJMAPS:AUTHORIZED VISIT SUCH ADDITIONAL PLACES AS MAY BE NECCESSARY.

------PAY ACCOUNTING DATA------A. FROM HOME TO ULTIMATE DUTY STATION. ACCESSION FUNDING IS TO BE

USED FOR ALL TRAVEL AND TRANSPORTATION COSTS PRIOR TO REPORTINGABOARD ULTIMATE DUTY STATION.

LAND ACCESSION LINE OF ACCOUNTING DATA: USE IF MOVEMENT TO ULTDUTY STATION IS WITHIN CONUS OR OVERSEAS WHEN NO TRANSOCEANICTRAVEL IS INVOLVED.

NBC8 1781453.2250 G 068566 AV BC8/1/8/5 BC8267456779

TO OR FROM OVERSEAS ACCESSION LINE OF ACCOUNTING DATA: USE IFMOVEMENT TO'ULT DUTY STATION INVOLVES TRANSOCEANIC TRAVEL. FORPURPOSES OF THIS CLASSIFICATION, ALASKA AND HAWAII ARE TREATED ASOCONUS.

NKC8 1781453.2250 G 068566 AV KC8/1/8/5 KC8267456779

B. PAY AND ALLOWANCES: ALL COST OF PAY AND ALLOWANCES ARECHARGEABLE TO MPN.

1781453.2202 011 12600 068566 2D 000000071130

C. PER DIEM: OPERATIONS AND MAINTENANCE NAVY (O&MN) ACCOUNTINGDATA IS TO BE USED FOR PER DIEM CHARGES WHILE ONBOARD THE ULTIMATEDUTY STATION IF SO ENTITLED. DO NOT USE THIS FUNDING FOR TAD AWAYFROM ULTIMATE DUTY STATION, WHICH MUST BE FUNDED SEPARATELY VIAULTDUTSTA TAD ORDERS.FY08: N0002208TO46348 AA 1781804.22CA 000 00022 0 0685662DO46348 000228TW211EFY09: N0002209TO46348 AA 1791804.22CA 000 00022 0 0685662DO46348 000229TW211E

PAY GRADE/PEBD: E6/19851124

NOSC INFORMATION

(1) VERIFY MEMBER SECURITY CLEARANCE ELIGIBILITY AND PROPERDOCUMENTATION FROM DONCAF IS INCLUDED IN PERSONNEL JACKET. SECURITYCLEARANCE SHALL BE ANNOTATED ON ORDERS WITH THE STATEMENT VERIFIEDBY (NAME, PHONE NUMBER OF SECURITY MANAGER). FOR ENLISTED MEMBERS,VERIFY AND COMPLETE EREN DATA. ABOVE MENTIONED FIELDS ARE LOCATEDON THE LAST PAGE OF THESE ORDERS.

ORIGINAL

QRIGINAL(2) COMPLETE ACTIVE DUTY SERVICE DATE (ADSD) WORKSHEET FOR

NMPS/ULTIMATE DUTY STATION PSD USE.

(3) IAW CNO WASHINGTON DC NAVADMIN 068/07, THE LOSING COMMAND WILLSTART OR RESUME ANTHRAX VACCINE IMMUNIZATION NOT EARLIER THAN 60DAYS IN ADVANCE, WITH THE GOAL OF ACHIEVING AT LEAST THE FIRST THREEDOSES OF THE SIX-DOSE SERIES AND ANNUAL BOOSTER PRIOR TO ARRIVAL INTHE CENTCOM AOR.

NMPS INFORMATION

(1) FOR ENLISTED RECALLEES, PSD ENSURE NAVPERS 1070/622 (C05)IS EXECUTED AND MADE OPERATIVE (C06) TO COVER THE ENTIRE RECALLPERIOD. ALSO ENSURE THAT NAVPERS 1070/621 IS EXECUTED IFNECESSARY TO ENSURE THAT EXPIRATION OF RESERVE ENLISTMENT (EREN)IS NOT EXCEEDED.

(2) FOR NMPS NORFOLK VA: UPON ARRIVAL AT NORFOLK AIRPORT (ORF)TAKE A TAXI TO CENTRAL BILLETING, WALL MANOR, BLDG S-30. DONOT RELEASE TAXI UNTIL YOU HAVE CONFIRMED YOUR ROOM ASSIGNMENT.MEMBER IS TO CONTACT THE NMPS CDO AT 757-438-3375 WITHQUESTIONS OR IN CASE OF EMERGENCY. FURTHER INFORMATION CAN BEFOUND ON THE NMPS NORFOLK WEBPAGE AT HTTP://WWW.CNRMA.NAVY.MILNAVIGATE TO THE NMPS NORFOLK LINK. PARTICULAR ATTENTION ISCALLED TO THE NAVY REGION MID-ATLANTIC UNIFORM REGULATIONS -NO ORGANIZATIONAL CLOTHING, I.E. FLIGHTSUITS, IS ALLOWED.MEMBERS SHOULD BRING APPROPRIATE PT GEAR. MEMBERS STAYING INLOCAL HOTELS MUST ACQUIRE A CERTIFICATE OF NON-AVAILABILITY(CNA) FROM CENTRAL BILLETING PRIOR TO REGISTRATION AT THE HOTEL.

INTERMEDIATE STOP INFORMATIONXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxXxXXXxXXXXXXXXXXXXxxXXxxxXXxy,xXX}{gX}x

SPECIAL INSTRUCTIONS,

INTERMEDIATE STOP AT COMNAVELSG (UIC: 81464), CHEATHAM ANNEX,WILLIAMSBURG, VA 23185 FOR TRAINING ENROUTE AND LOGISTICS. POC ATCOMNAVELSG IS YNC KULES AT COMM 757-256-1331 OR DSN 953-1331 EMAIL:KATHERINE.KULES@NAVY.MIL. FOR FURTHER INFORMATION REFER TO THENAVELSG WEBSITE: HTTP://WWW.COMNAVELSG.NAVY.MIL

A. FULL SEABAG NOT REQUIRED. AUTHORIZED TO DEPLOY WITH OPERATIONALSEABAG WHICH INCLUDES THE DESERT CAMOUFLAGE UTILITY UNIFORM (DCCU).AUTHORIZED EXCESS BAGGAGE NTE 4 BAGS OR 200LBS.

B. ADMINISTRATIVE PROCESSING AT NMPS NORFOLK, VA. POC AT NMPS ISCDO AT COMM 757-438-3375.

C. PRIVATELY OWNED VEHICLES (POV) ARE NOT AUTHORIZED AT COMNAVELSG(UIC: 81464) DURING THE TRAINING PERIOD.

ORiGINIAL

ORIGINALD. ADVANCE PER DIEM: SAILORS WHO DO NOT HAVE A GTCC OR PERSONAL

CREDIT CARD TO SUSTAIN THEM WHILE TRAINING IN WILLIAMSBURG NEED TOHAVE ADVANCE PER DIEM REQUESTED PRIOR TO DEPARTING THE NOSC. IT ISTHE NOSC'S RESPONSIBILITY TO COORDINATE THE ADVANCE PER DIEM THROUGHTHE NAVELSG POC FOR PAY AND PER DIEM: PSCM POWERS AT ROBERT.POWERS@NAVY.MIL OR 757-256-1340, DSN 953-1340, OR PS1 TYLER AT KEVIN.TYLER@NAVY.MIL OR 757-256-1379, DSN: 953-1379.

E. SECURITY CLEARANCE: ALL E-7 AND ABOVE MUST HAVE MINIMUM SECRETCLEARANCE OR BE ELIGIBLE TO RECEIVE INTERIM SECRET CLEARANCE (COMPLETEDEPSQ). IF AN E7 OR ABOVE DOES NOT HAVE A CURRENT SECRET

CLEARANCE ENSURE EPSQ SECURITY QUESTIONNAIRE AND FINGERPRINT CARDSARE COMPLETED AT NOSC PRIOR TO DEPARTURE.

F. NOSC REQUIRED TO USE CTO/SATO TO MAKE ALL FLIGHT ARRANGEMENTSFROM HOR TO NOSC AND FROM NOSC TO NMPS.

G. ANTI-TERRORISM TRAINING: ALL MEMBERS ARE REQUIRED TO COMPLETELEVEL I ANTI-TERRORISM TRAINING AVAILABLE ON NAVY KNOWLEDGE ON-LINE(NKO). INCLUDE CERTIFICATE OF COMPLETION IN SERVICE RECORD.

H. DUE TO TRAINING REQUIREMENTS AND ADVANCE NOTIFICATION NO DELAYSWILL BE AUTHORIZED. ALL NOSCS SCREEN FOR MEDICAL ISSUES PRIOR TODEPARTURE TO NMPS.

1. THE BOOTS ON GROUND REQUIREMENT FOR THIS EVENT IS 240 DAYS IN

THEATER. TOTAL ORDER DURATION IS EXPECTED TO BE AROUND 300-330

DAYS INCLUDING PRE/POST DEPLOYMENT TRAINING, PROCESSING AND LEAVE.THE ULTIMATE COMMAND SHALL TRACK BOG DATES AND PROVIDE PERS-4G1

WITH THE PROPER DETACH DATE.

XxxxxxxxxxxxxxxxxxxxxxxxxxXYIXXXy,XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

ULTIMATE DUTY STATION (ULTDUSTA) INFORMATION

(1) TAD ASSIGNMENT AWAY FROM THE ULTIMATE DUTY STATION WILL BEFUNDED BY THE GAINING COMMAND.

MEMBER INFORMATION

(1) FOR IMPORTANT INFORMATION ON TRICARE BENEFITS, BAH, PER DIEM,FSA, SGLI, AND ADDITIONAL IMPORTANT INFORMATION PERTAINING TOMOBILIZATION, MEMBER IS DIRECTED TO REVIEW THE INFORMATION ATWWW.NPC.NAVY.MIL/CAREERINFO/AUGMENTATION/MOBILIZATION

(2) TRICARE BENEFITS: UPON RECEIPT OF THESE ORDERS OR UP TO 90 DAYSBEFORE COMMENCEMENT OF ACTIVE DUTY, WHICHEVER IS LATER, MEMBER ANDDEPENDENTS ARE ELIGIBLE FOR TRICARE MEDICAL AND DENTAL BENEFITS.MEMBER IS STRONGLY ENCOURAGED TO RETAIN ALL EMPLOYER HEALTH PLANCOVERAGE UNTIL ACTUALLY REPORTING FOR ACTIVE DUTY AT THE ULTIMATEDUTY STATION, AT WHICH TIME MEMBER WILL BE FULLY COVERED BYUSERRA. FOR MORE INFORMATION, CALL 1-888-DOD-CARE OR ACCESS THETRICARE WEBSITE AT WWW.TRICARE.OSD.MIL/RESERVE. FOR PROBLEMSESTABLISHING ELIGIBILITY FOR EARLY TRICARE BENEFITS ON THE DEFENSE

aRIG,INAL

ORIGINALELIGIBILITY ENROLLMENT REPORTING SYSTEM (DEERS), CONTACT PERS-673AT 1-866-U-ASK-NPC. ALSO VISIT THE PERS-4G MOBILIZATION WEBSITEWWW.NPC.NAVY.MIL/CAREERINFO/AUGMENTATION/MOBILIZATION UNDER`TRICARE' FOR MORE DETAILED ELIGIBILITY AND MEDICAL/DENTAL BENEFITINFORMATION.

(3) RESERVISTS ARE REQUIRED TO BRING THE FOLLOWING DOCUMENTATION:

A. A VOIDED PERSONAL CHECK OR DEPOSIT SLIP SHOWING BANK ADDRESS ANDTELEPHONE NUMBER, BANK ROUTING NUMBER, AND ACCOUNT NUMBER FORALLOTMENT/ENROLLMENT IN DIRECT DEPOSIT SYSTEM (DDS).

B. IF APPLICABLE, COPY OF MOST RECENT EYEGLASS PRESCRIPTION AND TWOSETS OF EYEGLASSES. CONTACT LENSES MAY NOT BE AUTHORIZED FOR FORWARDDEPLOYED MEMBERS DEPENDING UPON WHERE ASSIGNED.

C. FOR ANY APPROVED LEGAL MEDICATIONS RESERVIST IS TAKING AT THEDIRECTION OF A PHYSICIAN OR DENTIST, COPY OF PRESCRIPTION(S) OROTHER DOCUMENTATION, PLUS A MINIMUM OF 180-DAY SUPPLY. INCLUDE ALLDOCUMENTATION FOR EXISTING MEDICAL WAIVERS.

D. BRING THE FOLLOWING DOCUMENTATION TO SUPPORT AND VERIFY SERVICERECORD AND/OR DEERS, AS APPLICABLE, IMPACTING ACTIVE DUTY GAINPROCESSING AT PSD:- CERTIFICATE OF DISCHARGE/SEPARATION (DD-214) OF ALL FORMER

-PERIODSBIRTH,

OF ACTIVE DUTY.ADOPTION OR GUARDIANSHIP CERTIFICATES FOR ALL DEPENDENTS.

- COPIES OF ALL CURRENT CHILD SUPPORT AGREEMENTS.- SOCIAL SECURITY NUMBERS FOR SELF AND DEPENDENTS.- CERTIFIED COPY OF MARRIAGE CERTIFICATE FOR PRESENT MARRIAGE.- CERTIFIED COPIES OF DOCUMENTATION TERMINATING ANY PREVIOUSMARRIAGE, SUCH AS DIVORCE/ANNULMENT DECREE OR SPOUSE DEATHCERTIFICATE.

(4) DEMOBILIZATION:

A. THE ULTDUSTA IS RESPONSIBLE FOR COORDINATING WITH PERS-461 TOHAVE DEMOBILIZATION ORDERS GENERATED. THE ULDUSTA IS ALSORESPONSIBLE FOR MAINTENANCE OF BOG COUNTERS FOR ALL MEMBERSASSIGNED AND FOR COMMUNICATING BOG INFORMATION TO PERS-461 FORGENERATION OF DEMOBILIZATION ORDERS.

B. UNDER NO CIRCUMSTANCES SHOULD MEMBERS THAT HAVE A FORWARDDEPLOYED ULTDUSTA LISTED ON THESE MOBILIZATION ORDERS LEAVE THATULTDUSTA WITHOUT DEMOBILIZATION ORDERS.

C. THESE MOBILIZATION ORDERS CAN BE CANCELLED OR TERMINATED ATANY TIME DUE TO BILLET EXPIRATION, COMPLETION OF REQUIRED WORK,OR OTHER REASONS TO BE DETERMINED.

(5) MEMBER IS DIRECTED TO CONTACT MOBILIZATION SAILOR ADVOCACY(MSA) AT 1-866-827-5672 OR EMAIL NESA@NAVY.MIL WITHIN 48 HOURS

^RIGINAL

ORIGINALOF MESSAGE RECEIPT. ALL QUESTIONS FOR MODIFICATIONS SHALL BE

DIRECTED TO MSA REPRESENTATIVES AT 1-866-827-5672 OR DSN882-4684, 4686 OR 2448. MEMBER MAY ALSO UTILIZE THE FOLLOWINGCOMMERICAL PHONE NUMBERS: 901-874-4684, 4686 OR 2448.

(6) ALL MEMBERS DEPLOYING OCONUS MUST COMPLETE NAVY CODE OF CONDUCTTRAINING ON NAVY KNOWLEDGE ONLINE AT: WWWA.NKO.NAVY.MIL/PORTAL/SPLASH/INDEX.JSP PRIOR TO DEPARTING THEIR NAVAL RESERVE ACTIVITY ORPARENT COMMAND AS APPLICABLE. ONCE LOGGED ON MEMBERS MUST CLICK ONTHE NAVY E-LEARNING UNDER THE LEARNING TAB. FROM THERE SELECT USDEPARTMENT OF THE NAVY COURSES. THE NEXT PAGE WILL PROVIDE A LIST OFCOURSES, SELECT CODE OF CONDUCT. ONCE SELECTED, GO TO LEVEL B CODEOF CONDUCT. MEMBERS ARE ADVISED THIS COURSE IS NOT THE GENERALMILITARY TRAINING PRESENTATION. EXPECTED DURATION OF THE COURSE IS7 HOURS. MEMBERS MUST BRING THEIR COMPLETION CERTIFICATE WITH THEMTO THE CONUS REPLACEMENT CENTER (CRC) IF APPLICABLE AND TO THEIRULTIMATE ACTIVITY.

(7) ORDERS ARE IN SUPPORT OF OPERATIONS AS PRESCRIBED IN EXECUTIVEORDER 13223 OF SEPTEMBER 14, 2001. THIS IS A DECLARED CONTINGENCYOPERATION IAW TITLE 10. CONTINGENCY ENTITLEMENTS APPLY. THE MEMBERIS ORDERED TO ACTIVE DUTY FROM HIS OR HER RESIDENCE IN SUPPORT OFTHE NATIONAL EMERGENCY DECLARED UNDER PRESIDENTIAL PROCLAMATION 7463OF 14 SEP 01. UNDER THE PROVISIONS OF TITLE 38, UNITED STATES CODE,SECTION 4312(C)(4)(A) AND (B), THIS PERIOD OF ACTIVE DUTY IS EXEMPTFROM THE 5-YEAR CUMULATIVE SERVICE LIMITATION ON REEMPLOYMENTRIGHTS UNDER TITLE 38, UNITED STATES CODE, CHAPTER 43 (USERRA).

(8) ONE MONTH ADVANCE PAY AND ALLOWANCES IS AUTHORIZED AT NMPS.FOR ADDITIONAL INFORMATION ON ADVANCE PAY AND ALLOWANCES FORRESERVISTS, SEE PARA 6.E(11) OF CNO MSG 032120ZDECO1.

(9) AUTHORIZED REIMBURSEMENT FOR TRANSPORTATION AT THE INTERMEDIATEAND ULTIMATE DUTY STATIONS WHEN NO GOVERNMENT TRANSPORTATION ISAVAILABLE PER JFTR U3510 MODIFIED AS FOLLOWS:

A. THE LACMOB OR BASE COMMANDER MAY AUTHORIZE THE USE OF SPECIALCONVEYANCE (RENTAL VEHICLE) FOR MOBILIZATION ORDERS WHILE A MEMBERIS ATTACHED TO THE NMPS OR OTHER INTERMEDIATE PROCESSING BASE IF ITIS DETERMINED PER JFTR U3415 TO BE THE MOST EFFICIENT, COSTEFFECTIVE MANNER OF TRANSPORTATION.

B. ULTIMATE SUPPORTED COMMANDS (ULDUSTA) CANNOT UTILIZE BUPERSMOBILIZATION ORDERS FUNDING DATA TO AUTHORIZE THE COST OF SPECIALCONVEYANCE (RENTAL VEHICLE), OR AUTHORIZE AND CHARGE THE USE OF TAXIFARES OR TRANSPORTATION-RELATED TIPS IN AND AROUND THE ULTIMATE DUTYSTATION. SUCH AUTHORIZATION BY THE ULDUSTA MUST BE BORNE BYOPERATION AND MAINTENANCE (OM&N) FUNDS OF THE ULTIMATE DUTY STATION(WHICH MAY BE REIMBURSABLE FROM DERF FUNDS) OR BY THE INDIVIDUAL.

ORIGINAL

^^^^INALC. OCCASIONAL MEALS ARE AUTHORIZED IN ACCORDANCE WITH JFTR PARA

U4510 FOR PERSONNEL NOT IN A PER DIEM STATUS.

(10) IN ACCORDANCE WITH JFTR U7150-A4D, PER DIEM TRAVEL ANDTRANSPORTATION ALLOWANCES ARE PAID AT THE ULTIMATE DUTY STATION AS.MOVEMENT OF DEPENDENTS IS NOT AUTHORIZED. TEMPORARY CHANGE OFSTATION WEIGHT ALLOWANCES FOR PERSONAL COMFORT AND WELL BEING AREAUTHORIZED AS RESTRICTED BY PAYGRADE IN JFTR U4710. TEMPORARYHOUSEHOLD GOODS (HHG) STORAGE INCLUDING POV IS AUTHORIZED INCONNECTION WITH THESE ORDERS PER JFTR U4770.B AND U5466. CALLHOUSEHOLD GOODS HELPLINE AT 800-444-7789 WITH QUESTIONS REGARDINGENTITLEMENTS. POV TRAVEL TO NMPS AND/OR ULTIMATE DUTY STATIONINCONUS IS AUTHORIZED AT THE CONVENIENCE OF THE GOVT; GTR ISDIRECTED WHEN THE ULTIMATE DUTY STATION IS OUTCONUS. FAMILY TRAVELTO NMPS AND/OR ULTIMATE DUTY STATION IS NOT AUTHORIZED. PER DIEMIS CALCULATED IAW JFTR U4125 AND U7150-A4, PER GUIDANCE IN REF (E);PSD VERIFY ENTITLEMENT. UTILIZATION OF GOVERNMENT QUARTERS ANDMESSING DIRECTED WHERE AVAILABLE. ORDER ISSUING AUTHORITY MAKESFINAL DETERMINATION OF PER DIEM RATES (GMR, PMR, LOCALITY RATE)FOR RESPECTIVE AREAS PER ADVICE OF INTERMEDIATE ACTIVITIES ANDGAINING COMMANDS (ULTIMATE DUTY STATION) AND BASED UPON GOVERNMENTMESSING/BERTHING AVAILABILITY IN ACCORDANCE WITH JFTR PAR U4125.DUAL LODGING AUTHORIZED.

CONTACT INFORMATION

A. CALL 1-800-336-4590 (NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OFTHE GUARD AND RESERVE) OR CHECK ON LINE AT WWW.ESGR.ORG IF YOU HAVEQUESTIONS REGARDING YOUR EMPLOYMENT/REEMPLOYMENT RIGHTS.

B. PER MILITARY PAY ADVISORY 61/03, MOBILIZED RESERVISTS CAN EMAILDFAS AT; CCL-MOBILIZATION@DFAS.MIL WITH PAY PROBLEM INQUIRIES.UTILIZE CHAIN OF COMMAND AND SERVICING PSD BEFORE CONTACTING DFAS.

C. MILITARY ONE SOURCE IS A 24-OUR HOTLINE.AVAILABLE TO ALL ACTIVEAND RESERVE SAILORS AND THEIR.FAMILIES WORLDWIDE TO HELP THEM DEALWITH PERSONAL AND FAMILY ISSUES. MANY TOPICS OF INFORMATION AREAVAILABLE: CRISIS SUPPORT, PARENTING AND CHILD CARE, EDUCATIONALSERVICES, FINANCIAL AND LEGAL COUNSELING, RELOCATION, AND MUCH MORE.TOLL FREE PHONE: WITHIN U.S. 1-800-342-9647, OVERSEAS (USE COUNTRYSPECIFIC TOLL FREE ACCESS CODE BEFORE DIALING TOLL FREE NUMBER)800-3429-6477. WEBSITE IS WWW.MILITARYONESOURCE.COM.

D. SEE REF (E) FOR POINTS OF CONTACT AND REFERENCES TO OTHERRELATED QUESTIONS.

EREN: 20080716

MEMBER IS REQUIRED TO HOLD ASECURITY CLEARANCE FOR THIS ASSIGNMENT.

NOSC/NRA MUST CERTIFY MEMBER'S SECURITY CLEARANCE BELOW:

IT IS CERTIFIED THAT SUBJECT MEMBER (SM) HOLDS A Secgp-r

ORE^INAL

SM CLEARANCE EXPIRES

THIS CLEARANCE STATEMENT COMPLETED BY

NOSC/NRA SECURITY MANAGER SIGNATURE

[QOSC/NRA SECURITY MANAGER DSN PHO NUMBER AND EMAIL

ADDRESS. 33O ^0og

A(D_J E

^

[70SC/NRA CO DSN PHONE NUMBER AND EMAIL

ADDRESS -1^e) (OOq ^01o)

(SIGNED)

J.C. HARVEY, JR.

VICE ADMIRAL, U. S. NAVY

CHIEF OF NAVAL PERSONNEL

BT

#0001N1VNN

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