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 applicants 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 applicants USAR unit. The applicants 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 applicants 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 applicants 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
ARMY | BCMR | CY2008 | 20080006556
The applicant provided the following additional documentary evidence in support of her application: a. DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 15 May 2007 (DCARNG Enlistment); b. DD Form 3540-R (Certificate of Acknowledgement of U.S. Army Reserve Service Requirements and Method of Fulfillment), dated 20 October 2006; c. Undated Written Agreement - Enlisted Affiliation Bonus; d. DA Form 5691-R (Request for Reserve Component Assignment Orders),...
ARMY | BCMR | CY2012 | 20120009171
He was transferred to the USAR Individual Ready Reserve (IRR) effective 2 March 1993 to complete his 8-year obligation and should therefore have been separated from the IRR effective 14 May 1996. In a memorandum, dated 24 April 2012, the Iowa ARNG stated its full support of the applicant's request for correction of his separation from the IRR. There is no evidence of record and he provided none to show he resigned or requested to be separated from the IRR upon the completion of his MSO or...
ARMY | BCMR | CY2012 | 20120015674
c. As a commissioned officer with an indefinite term appointment, she still has an Active Reserve status and should be allowed to receive retirement pay from the obligation date of her MRD of 6 April 1999. d. she was not properly notified to have her records reviewed and updated prior to them being considered by the Reserve Components Selection Board (RCSB) in accordance with Army regulations, public law, Department of Defense Instructions (DODI); and 10 USC. Since she did not meet the...
ARMY | BCMR | CY2014 | 20140014628
The applicant states, in effect: * she served as a member of the U.S. Army Reserve (USAR) from 28 April 1989 to 1 May 1995 * she was assigned to the 306th Field Hospital, Jackson, TN and her unit was deactivated in 1995 * she never received a DD Form 214 for her service and requires it for her employment * she has been trying to obtain a copy of her DD Form 214 for the past 8 years and the U.S. Army Human Resources Command (HRC) referred her to this Board for help 3. The applicant...
ARMY | BCMR | CY2011 | 20110020456
The applicant requests the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) that she executed on 3 February 2010 be voided and removed from her military service records. The applicant and a commissioned officer signed the document on 3 February 2010. d. Two email messages that show: (1) On 15 September 2011, an Army official indicated that the applicant: * was not authorized an affiliation bonus because she was required to reenlist for 1 year upon assignment and failed to do...
ARMY | BCMR | CY2008 | 20080004354
The evidence of record shows that the applicant was discharged from the ILARNG on 16 April 2003 and subsequently enlisted in the Regular Army on 17 April 2003: a. in order to credit the applicant with her IADT from 4 June 2002 to 16 August 2002, recorded on the DD Form 220, her date entered on active duty this period was adjusted to account for those days and is therefore correctly shown as 2003 02 04 and requires no further action; b. she was released from active duty on 16 April 2007. ...
ARMY | BCMR | CY2005 | 20050004375C070206
The applicant requests, in effect, that his United States Army Reserve (USAR) reenlistment contract dated 4 December 2004 be voided and reverted back to the terms of his original contract. The applicant’s records contain a DA Form 4856 (Developmental Counseling Statement) which shows the applicant met with his Retention NCO to discuss his option regarding his reenlistment contract. The applicant further explained that when he inquired about his reenlistment bonus, he was notified that his...
ARMY | BCMR | CY2006 | 20060009121C070205
At the time of his selection for promotion to major on 5 March 1991, he was an ARNG officer. The applicant was considered and not selected for promotion to major while on active duty. The applicant should have been considered for promotion to major by a mandatory Reserve promotion board one year after the date of his transfer to the IRR in 1994 and again in 1995.
ARMY | BCMR | CY2010 | 20100000931
The applicant provides copies of the following documents: * DD Form 214, dated 29 October 2008 * DD Form 4 (Enlistment/Reenlistment Document), dated 30 October 2003 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 20 June 2003 * Permanent Orders 317-043, dated 13 November 2005 CONSIDERATION OF EVIDENCE: 1. Item 10a (Military Service Obligation) of his DD Form 4 contains the statement: "If this is my initial enlistment, I must serve a total of eight...
ARMY | BCMR | CY2009 | 20090017902
The applicant's military records show she enlisted in the U.S. Army Reserve (USAR) DEP in pay grade E-1 on 26 September 2003 for 8 years and was released from the DEP on 13 July 2004. The evidence of record shows the applicant enlisted in the DEP on 26 September 2003 for a period of 8 years and incurred an MSO until 25 September 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 6 of the applicant's...