PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            4 September 2003
	DOCKET NUMBER:  AR2002082401

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Frank C. Jones		Member	
	Ms. Barbara J. Ellis		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 her enlistment contract be corrected to show that she enlisted in the Army Reserve for 2 years.

3.  The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army Reserve for 8 years.  In support of her appeal, she submits a memorandum from her commander that supports her request to have her enlistment contract corrected to show that she enlisted in the Army Reserve for 2 years; a copy of her personnel qualification record; a copy of her enlistment contract; a copy of her record of military processing; a copy of her statement of understanding, pertaining to Army policy; a copy of a certificate and acknowledgment of United States Army Reserve (USAR) service requirements and methods of fulfillment; and a copy of her reservation sheet.

4.  The applicant’s reservation sheet and her record of military processing show that she enlisted in the USAR for 2 years and 00 weeks on 25 January 2001.  However her enlistment contract (DD Form 4/1) and her personnel qualification record show that she enlisted in the Army Reserve for 8 years and 00 weeks.

5.  The memorandum for record from the applicant’s commander dated 3 November 2002, indicates that based on a complete review of the documentation surrounding the situation, as well as an interview with the applicant, it is very apparent that the errors in her contract were due to no fault of her own and that she purposely requested a 2-year enlistment so that she would have the opportunity to learn about the USAR before making a long-term commitment.  The memorandum further indicates that she clearly made every effort to get the contract corrected; however, she was unsuccessful.  The commander stated that the applicant has dutifully fulfilled her obligation contingent with her original intentions and that she should be allowed to separate from the USAR as she so desires.

6.  During the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff (ODCS) G-1, Recruiting Policy Branch, dated 11 July 2003 (copy attached), who opined that prior service applicants having no remaining military service obligation and have enlisted for assignment to a Troop Program Unit of the Selected Reserve, may select a term of service of 1, 2, 3, 4, 5, 6, 7, or 8 years.  The ODCS further opined that her record of military processing shows her term of enlistment as 2 years and that she has provided enough supporting documentation to substantiate administrative relief for her request.  The ODCS opined that although her enlistment contract reflects 8 years, it appears that a guidance counselor error was committed as her term of enlistment was for 2 years as reflected in her record of military processing.

On 22 July 2003, a copy of the ODCS advisory opinion was mailed to the applicant for her information and use.  To date, the applicant has not provided this Board with a concurrence or non-concurrence with the advisory opinion.

CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s enlistment contract, which resulted in the incorrect term of service being reflected.

2.  The applicant clearly enlisted in the USAR for 2 years and 00 weeks on 25 January 2001 and her enlistment contract should be appropriately amended.

3.  In accordance with the advisory opinion obtained from the ODCS, she had the choice of enlisting for any length of time between 1 to 8 years and she opted to enlist in the Army Reserve for a period of 2 years.  Accordingly, she should have been eligible for separation on 24 January 2003.  Inasmuch as she was not separated at the expiration of her term of service, an extension of enlistment should be prepared, as appropriate, to cover the time that she remains in the USAR.

4.  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 amending the enlistment contract of the individual concerned to show that she enlisted in the USAR on 24 January 2001 for 2 years.

2.  That her command is authorized to execute an extension of enlistment to cover any time that she serves in the USAR past the date of the expiration of her 2-year term of service, 25 January 2003, to the date of her separation to ensure that all USAR participation is covered.

3.  That the above recommendations be implemented within 6 months of notification by the Board.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

_fcj_____  __bje ___  __rvo____  DENY APPLICATION

		_Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002082401	
SUFFIX		
RECON		
DATE BOARDED	2003/09/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  222	112.0000/ENLISTMENT CONTRACT	
2.  225	112.0300/TERM OF ENLISTMENT	
3.		
4.		
5.		
6.