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Decision Text

ARMY | BCMR | CY2002 | 2002084540C070215
Original file (2002084540C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
AKA:


         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2002084540


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley L. Powell Member
Mr. Robert L. Duecaster 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 that the term of her extension contract be corrected from 1 year 6 months, to 1 year.

3. The applicant states that Army Regulation 140-111, Rule A, only permits extensions for up to 1 year. If the term of her extension contract is corrected, she will qualify for a reenlistment bonus because she will have less than 14 years of service, a prerequisite for a reenlistment bonus.

4. The applicant’s military records show that she enlisted in the Army Reserve Delayed Enlistment Program on 14 May 1988.

5. She enlisted in the Regular Army on 11 October 1988, was awarded the military occupational specialty of administrative specialist, and was promoted to pay grade E-4. She was honorably released from active duty on 3 April 1992 as part of the early transition program.

6. She enlisted in the Army National Guard for 5 years on 4 June 1992.

7. She enlisted in the US Army Reserve (USAR) for 8 years on 20 August 1993.

8. On 11 August 2001, she extended her 20 August 1993 enlistment for 1 year and 6 months under the provisions of Army Regulation 140-111, Table 3-1,
Rule A.

9. Army Regulation 140-111, Table 3-1, Rule A, allows for the extension of a reservist for any reason provided that the reservist is otherwise qualified for reenlistment. The period of extension under this rule is limited to 12 months.

10. Paragraph 3-5.1 of this regulation states that a correction to the term of service or effective date of an extension is prohibited and requires the authority of the Board to correct.

CONCLUSIONS:

1. The applicant was extended for a term of service which exceeded the maximum allowed by Army Regulation 140-111, Table 3-1, Rule A.

2. This is an error which requires the authority of the Board to correct.

3. 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 extended her 20 August 1993 enlistment in the USAR for a period of 1 year.

BOARD VOTE:

___fne__ ____slp__ ___rlw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Fred N. Eichorn_________
                  CHAIRPERSON




INDEX

CASE ID AR2002084540
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002084540
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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