| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Curtis L. Greenway | Member |
2. The applicant requests, in effect, that his reenlistment contract (DD Form 4) be corrected to show that he reenlisted for a term of service which will bring him to, but not exceed, the date in which he will have 20 qualifying years of service for retired pay.
3. The applicant states, in effect, that he was erroneously reenlisted for a term of service which established his Expiration Term of Service (ETS) past the date he turned age 60. This error was discovered when he requested an exception to policy to be retained beyond age 60 to attain retirement eligibility.
4. The applicant’s military records were not provided to the Board. However, documentation pertaining to the applicant’s erroneous reenlistment have been provided with his application which show that, while assigned to a USAR Troop Program Unit (TPU) as a drilling reservist in pay grade E-4, on 9 August 1998 the applicant immediately reenlisted for 6 years, giving him a new ETS of 8 August 2004.
5. On 18 May 2001 the applicant’s unit commander submitted a request for an exception to policy to retain the applicant beyond age 60 to allow him to earn retirement eligibility. The applicant’s commander stated that the applicant would reach age 60 on 10 July 2001 but would not reach retirement eligibility until 12 October 2002.
6. On 29 June 2001 the Office of the Chief, Army Reserve (OCAR), approved an exception to policy to retain the applicant beyond age 60. The OCAR also directed the applicant’s command to take steps to correct his ETS.
7. Army Regulation 140-111, Table 2-3, Line 8, states that soldiers who are between age 55 and 59 can only reenlist for the number of months or years required to reach the last day of the month in which the member attains age 60. Paragraph 5-10 of this regulation specifically prohibits the correction of the term of service or effective date of a reenlistment without the approval of this Board.
8. In the processing of this case an advisory opinion was obtained from the NGB. The NGB
CONCLUSIONS:
1. An obvious error was made in reenlisting the applicant for a term of service which established his ETS past the date he would turn age 60.
2. The OCAR has determined that an exception to policy was warranted in the applicant’s case to allow him to reach retirement eligibility.
3. The Board concurs with the OCAR’s assessment and recommends correcting the applicant’s reenlistment contract to show that he reenlisted for the days, months and years necessary for him to attain retirement eligibility.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned reenlisted on 9 August 1998 for the days, months and years to establish his ETS as 31 October 2002.
BOARD VOTE:
___aao__ ____wtm ____clg _ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__________Walter T. Morrison ______
CHAIRPERSON
| CASE ID | AR2001059123 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011101 |
| 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. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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