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Decision Text

ARMY | BCMR | CY1995 | 9508528C070209
Original file (9508528C070209.TXT) Auto-classification: Approved
2.  The applicant requests that the expiration of her term of service (ETS) be corrected to 28 June 1996.

3.  The applicant states that when she enlisted in the Army Reserve (USAR) from the Army National Guard (ARNG), the recruiter gave her a 6-year term of service instead of giving her the amount of time she had left on her statutory military service obligation (MSO).

4.  The applicant’s military records show that she enlisted in the USAR for 8 years with no prior service on 29 June 1988 in pay grade E-3, giving her an ETS of 28 June 1996.

5.  On 20 December 1990 she enlisted in the ARNG for 6 years in pay grade E-4, giving her an ETS of 19 December 1996.

6.  On 25 October 1991 she enlisted in the USAR in pay grade E-4 for 6 years, giving her a new ETS of 24 October 1997.

7.  Army Regulation 601-210, paragraph 5-29, requires individuals who have a remaining statutory MSO to enlist in the USAR for a term of service equal to, or greater than, the remaining statutory MSO, by whole years, but not less than 3 years.

8.  In the processing of this case the staff of the Board found it necessary to contact the applicant’s USAR unit.  The applicant’s unit administrator stated that the applicant is still assigned to the unit in pay grade E-5, but is “double slotted” with three other soldiers for the position she is filling.  As such, her loss would not adversely affect the mission of the unit.  The unit administrator also stated that the applicant has not changed her mind and still wants to get out of the military as soon as possible.

CONCLUSIONS:

1.  The applicant’s records contain no documents which would require her to reenlist for more than 5 years, the time left on her statutory MSO, as rounded to the whole year.

2.  The applicant has faithfully fulfilled the terms of all three of her contracts with the military, being promoted to pay grade E-5.  Accordingly, she should not be forced to serve beyond the time required by her statutory MSO, as adjusted by her reenlistment in the USAR, because of an administrative error.

3.  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 showing that the individual concerned enlisted in the USAR on 25 October 1991 for a 
5-year term of service, thereby adjusting her ETS to 24 October 1996.

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

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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