Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075137C070403
Original file (2002075137C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002075137


         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
Mr. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Lester Echols Member
Mr. Allen L. Raub 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, in effect, that her reenlistment contract be corrected to indicate she enlisted for the two 3-year reenlistment option.

3. The applicant states, in effect, that she signed a reenlistment contract for
6-years under the two 3-year reenlistment option. She was later informed that rules prohibited her from receiving the associated bonus because the period of service on the contract was incorrect.

4. In support of her request, she submits letters from her unit reenlistment noncommissioned officer and commander. Both recommended approval of her request to correct her contract. Also submitted is a letter identifying the discrepancy in the applicant’s contract; she had enlisted for 6-years, but the contract should have enlisted her for 3-years and then reenlist for 3-years.

5. The applicant’s military records contain a DD Form 4 Enlistment/Reenlistment Document Armed Forces of the United States) and DA Form 5261-2-R. These forms indicate that she reenlisted in the United States Army Reserve on 13 October 2001 for a period of 6 years, in pay grade E-4. She was identified as having prior service and qualified in military occupational specialty 91C10. Further she was enlisted for the two 3-year reenlistment bonus option and was entitled to a $4,500 bonus.

6. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Enlisted Career Systems Division. They concurred with the applicant's request and recommended that the Board grant the requested relief.

7. A copy of the advisory opinion was provided to the applicant for comment. No comment has been forthcoming.

CONCLUSIONS:

1. The applicant's request is fully supported by the evidence of record and the
G-1's advisory opinion. The evidence available indicates that it was the intent of the applicant and the Army that on 13 October 2001 she reenlisted for 6-years under the two 3-year reenlistment option. Therefore, it would be proper to correct her records to reflect the correct service period of 3-years.







2. 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 applicant reenlisted on 13 October 2001 for a period of 3 years under the two 3-year reenlistment bonus.

BOARD VOTE:

___alr___ ___jhl___ ____le___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Joann H. Langston_______
                  CHAIRPERSON




INDEX

CASE ID AR2002075137
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030220
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. 112.03
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002081923C070215

    Original file (2002081923C070215.rtf) Auto-classification: Approved

    Item 32a, Specific Option/Program Enlisted For (Completed by Guidance Counselor, MEPS Liaison NCO, etc., as specified by sponsoring service) of the applicant's DD Form 1966/3 shows that, among other programs, she also enlisted for the Student Loan Repayment Program. She placed her initials by the block, "I understand that under the Army's Student Loan Repayment Program, the Army will not repay student loans in excess of $65,000 regardless of the amount of my student loans. The applicant...

  • ARMY | BCMR | CY2004 | 20040010360C070208

    Original file (20040010360C070208.doc) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Her Record of Military Processing (DD Form 1966 series) shows that she recertified her enlistment in MOS 98C; however, DD Form 1966/4, Section VI, Remarks, shows that the statement, “I understand that I will be trained in either MOS 98CL or 98GL and that MOS 98Xl is an enlistment MOS only. On 15 October 2003 action was taken to separate the applicant from the Army because of her personality disorder, and on 12 November 2003...

  • ARMY | BCMR | CY2002 | 2002071580C070402

    Original file (2002071580C070402.rtf) Auto-classification: Approved

    On 3 July 2001, an instructor of the Nursing Education Service, BAMC, recommended that the applicant be awarded MOS 91C based on her successful completion of 8 weeks of proficiency training and that she be granted an accelerated promotion to SGT/E-5 in accordance with paragraph 7-11, Army Regulation 601-210, the ACASP enlistment option. The advisory opinion noted that the applicant had completed the required training on 3 July 2001, and had received a recommendation for accelerated...

  • ARMY | BCMR | CY2003 | 2003091315C070212

    Original file (2003091315C070212.doc) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the student loans which were determined not to be payable under the terms of the Loan Repayment Program (LRP) be paid. The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00, whichever is more, of the unpaid principal of eligible student loans for each year of active duty a soldier completes.

  • ARMY | BCMR | CY2005 | 20050001864C070206

    Original file (20050001864C070206.doc) Auto-classification: Denied

    The applicant provides a copy of her enlistment contract, her DD Form 214 (Certificate of Release or Discharge from Active Duty), her Reservation Sheet and U.S. Army Recruiting Command (USAREC) Message 02-087 311800 May 2002. The applicant signed a USAREC Form 978-R-E (Statement of Understanding, Regular Army Enlistment Delay for Applicant with Prior Service or an Existing Military Service Obligation)) on 27 August 2002 which shows she would be enlisting for training in MOS 92G (Food...

  • ARMY | BCMR | CY2005 | 20050001864C070206

    Original file (20050001864C070206.TXT) Auto-classification: Denied

    The applicant states she signed her enlistment contract on 27 August 2002 and there was an enlistment bonus for her military occupational specialty (MOS). The applicant signed a USAREC Form 978-R-E (Statement of Understanding, Regular Army Enlistment Delay for Applicant with Prior Service or an Existing Military Service Obligation)) on 27 August 2002 which shows she would be enlisting for training in MOS 92G (Food Service Specialist). At the time of her enlistment, a Seasonal bonus and a...

  • ARMY | BCMR | CY2002 | 2002082445C070215

    Original file (2002082445C070215.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...

  • ARMY | BCMR | CY2003 | 2003088147C070403

    Original file (2003088147C070403.rtf) Auto-classification: Approved

    The applicant’s military records show that as part of a scholarship enlistment in the ROTC, the applicant, on 9 November 1998, signed a DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship Cadet Contract), which is an agreement between the Army and a potential ROTC cadet. Paragraph 7d states that if the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus...

  • ARMY | BCMR | CY2004 | 20040009472C070208

    Original file (20040009472C070208.doc) Auto-classification: Denied

    The applicant did not enlist for a cash bonus; she enlisted for MOS 71L and assignment to the US Army Communication Command. Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 January 1986, the date of her separation from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 January 1989. The Board determined that the evidence presented does not demonstrate the...

  • ARMY | BCMR | CY2002 | 2002067902C070402

    Original file (2002067902C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That her records be corrected to show that she was eligible for the Student Loan Repayment Program (SLRP). While it is unfortunate she was led to believe she qualified for the SLRP, to grant the applicant’s request would be giving her a benefit not available to other reservists with non-qualifying MOS’s who were properly not given a SLRP addendum...