2. The applicant requests that his reenlistment contract dated 15 May 1991 be voided.
3. The applicant states that he had signed a reenlistment contract on the proper date, but that contract was misplaced, forcing him to sign a second reenlistment contract, one which gives him a break in service. Since signing the second contract, his first reenlistment contract was located, necessitating his second contract be voided.
4. The applicants military records show that while serving on active duty in the Active Guard and Reserve (AGR) program, on 8 May 1991 he reenlisted for 3 years in pay grade E-7.
5. His records also contain a reenlistment contract, also for 3 years in pay grade E-7, dated 15 May 1991.
6. On the date he submitted his request, the applicant was serving on active duty in the AGR program in pay grade E-7.
7. Army Regulation 135-178, paragraph 9-7, erroneous enlistment, states that when it is established that an enlistment is erroneous because the reservist is already serving on an existing enlistment contract, the reservist will be discharged from the latter, erroneous, enlistment contract and held to the prior, unterminated enlistment contract.
CONCLUSIONS:
1. The applicant properly reenlisted on 8 May 1991, making his 15 May 1991 reenlistment erroneous.
2. In accordance with Army Regulation 135-178, the applicant must be discharged from his 15 May 1991 reenlistment and held to the terms of his 8 May 1991 reenlistment.
3. In view of the preceding conclusions, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by discharging the applicant from his 15 May 1991 reenlistment in accordance with Army Regulation 135-178, paragraph 9-7, erroneous enlistment; and
b. by showing that he was held to the terms of his 8 May 1991 3-year reenlistment conract.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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