| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Luther L. Santiful | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: That 17 weeks of his enlistment contract be voided and that his expiration of term of service (ETS) be changed to 21 June 2003.
APPLICANT STATES: That upon entering the Army, he was recruited for assignment to The Old Guard (TOG) and in doing so, was told that his Ranger contract was forfeited. Therefore, he requests that the 17 weeks added to his contract for Ranger Training be voided. He further states that Army Regulation 601-210 provides the standards and requirements for enlistment in Program 9-B (Ranger Training Option) and it does not provide instructions to extend an enlistment contract. Accordingly, he desires his expiration of term of service be changed to 21 June 2003.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Albany, New York, on 21 June 2001, for a period of 3 years and 17 weeks, training in the Infantry Career Management Field (CMF), Airborne training, Ranger training and a cash enlistment bonus. At the time of his enlistment he acknowledged that he understood that he had volunteered to attend airborne and Ranger training before he could be assigned to a Ranger unit and that failure to do so would result in disqualification of that option.
The applicant completed his basic, advanced and airborne training at Fort Benning, Georgia, and based on his voluntarily waiving his Ranger training, was reassigned to the 3rd Infantry Regiment (TOG) at Fort Myer, Virginia.
In the processing of this application an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Retention Management Division, which opined, in effect, that Army Regulation 601-210, Table 9-3, provides that persons who waive their enlistment options are required to complete the term of service for which they enlisted. The opinion was forwarded to the applicant for a response and to date he has failed to do so.
Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army. It provides, in pertinent part (table 9-3, line 6), that applicant's who elect to waive their enlistment option are required to complete the term of service for which they enlisted.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. By the applicant's own admission, he was informed at the time that he volunteered for assignment to The Old Guard, that he would forfeit his Ranger Training enlistment option if accepted to assignment to The Old Guard and such was the case. However, in doing so, it does not negate the period of his enlistment.
3. The Board finds that he was properly informed at the time that he would not attend the Ranger course and would have to waive that portion of his contract if he volunteered for the assignment. The Board finds no evidence to suggest that he was mislead or was lead to believe that the period of his enlistment would be reduced as a result of his not attending the Ranger course.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___ls____ __rw____ ___gw___ DENY APPLICATION
| CASE ID | AR2003085652 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/05 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 225 | 112.0300/TERM OF ENL |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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