PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           20 February 2003                   
	DOCKET NUMBER:   AR2002075315

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his erroneous enlistment extension of 27 November 1999 be voided; that he be authorized an antedated 3-year enlistment in the Army Reserve (USAR) dated 1 April 1999; that he be honorably discharged from the Army National Guard (ARNG) effective 31 March 1999 and that he be issued the appropriate separation documents from the ARNG; and that he be authorized an antedated reenlistment dated 31 March 2002 for a term of service which he will decide when he reenlists.

3.  The applicant states that since he was a member of the ARNG when he entered the USAR, he had to be enlisted.  Instead, he had his ARNG enlistment extended, which resulted in his retaining status in the ARNG and not establishing status in the USAR.  This has resulted in his inability to reenlist in the USAR.

4.  The applicant’s military records show that he enlisted in the Regular Army on 14 November 1978.  He was awarded the military occupational specialty of chaplain's assistant and was promoted to pay grade E-6.  He was honorably released from active duty on 30 August 1991 by reason of Secretarial Authority.

5.  He remained assigned to the USAR as a member of the control group until his enlistment in the ARNG for 3 years on 4 October 1993.

6.  On 8 September 1996, the applicant extended his enlistment for 6 months.  On 2 April 1997, he extended his enlistment for another year.  On 18 September 1997, he extended his enlistment for yet another 3 years.

7.  The applicant entered active duty in the Active Guard and Reserve (AGR) program with the ARNG on 2 October 1997 and was honorably released from active duty on 10 October 1998.

8.  On 14 March 1999, the applicant was ordered to active duty for 3 years in the USAR AGR program.

9.  On 27 November 2000, the applicant extended his ARNG enlistment for yet another 11 months.

10.  On 20 May 2002, the Army Reserve Personnel Command (AR-PERSCOM) denied the applicant's command's request to antedate a reenlistment for the applicant.  The AR-PERSCOM stated that since the applicant was in the ARNG when he entered the USAR AGR program, he had to be enlisted in the USAR.  Since the applicant was never enlisted into the USAR, he could not be reenlisted in the USAR.  The AR-PERSCOM stated that only this Board had the authority to antedate an original enlistment and recommended the applicant petition this Board.

11.  The applicant's chain of command wholeheartedly endorsed the applicant's application to this Board.  The applicant's military bearing, dependability, thoroughness, professionalism, values, and performance are all lauded in these endorsements.

12.  Army Regulation 140-10, Assignments, Attachments, Details and Transfers, paragraph 5-5, states that ARNG enlisted soldiers who wish to serve in the USAR are required to enlist in the USAR.  Upon receipt of the enlistment, the ARNG will discharge the soldier effective 1 day prior to the enlistment.

13.  Army Regulation 135-18, The Active Guard and Reserve (AGR) Program, paragraph 2-9, states that the length of an AGR tour cannot exceed the time remaining on a soldier's enlistment or extension.

CONCLUSIONS:

1.  The applicant was required to be enlisted in the USAR when he entered on active duty in the USAR AGR program.  The absence of a USAR enlistment is an error which can only be corrected by this Board.

2.  In order to accomplish this, the applicant's 27 November 2000 extension must be voided, as requested by the applicant.

3.  However, the applicant's request that he be authorized an antedated 3-year enlistment in the USAR, dated 1 April 1999; and that he be authorized an antedated reenlistment dated 31 March 2002 for a term of service which he will decide when he reenlists, would not effectively or efficiently correct the error in the applicant's military records.  

4.  Since the applicant entered on active duty in the USAR AGR program on 14 March 1999, his records must be corrected to show that he enlisted in the USAR one day prior to that date.  

5.  As for the 3-year term of service in the antedated enlistment, as long as the term of the applicant's enlistment in the USAR exceeds the term of active service specified on the AGR orders, the enlistment would correct the error in the applicant's records.  If a 4-year term of service is selected, it would establish the applicant's expiration term of service (ETS) as 12 March 2003 and, therefore, would cover the applicant's 3-year AGR tour and would eliminate the administrative burden of having an antedated reenlistment prepared and executed.

6.  As for the applicant's request that he be honorably discharged from the ARNG and that he be issued the appropriate separation documents from the ARNG; the ARNG must discharge the applicant one day prior to the date of the antedated enlistment in the USAR as an operation of law and regulation.  However, since this is an administrative procedure, it does not require the authority of the Board to affect.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  Showing that the individual concerned enlisted in the USAR for 4 years on 13 March 1999; and

	b.  Voiding his 27 November 2000 extension of his enlistment.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___alr___  ___jhl___  ____le __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Joann H. Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002075315	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020220	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.03	
2.	112.05	
3.	112.08	
4.	125.01	
5.	135.01	
6.	135.03