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ARMY | BCMR | CY2003 | 2003086830C070212
Original file (2003086830C070212.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 November 2003
         DOCKET NUMBER: AR2003086830


         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
Mrs. Victoria A. Donaldson Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Mark D. Manning Member
Ms. Barbara J. Ellis 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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his enlistment contract be corrected to show that he enlisted for 6 years instead of 4 years.

2. The applicant states that he enlisted in the United States Army Reserve (USAR) on 26 September 2000 and that the expiration of his term of service (ETS) in the regular Army was 9 November 2000. He continues that he telephonically contacted Fort Sill and was informed that there was no official record of his USAR enlistment. The applicant enlisted again on 18 December 2000 and subsequently reported for active duty on 17 January 2001.

3. The applicant provides in support of this application, a copy of transition orders number 220-134, dated 7 August 2000; a copy of his USAR enlistment contract; dated 26 September 2000; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 9 November 2000; a 21 November 2000 Department of the Army memorandum requesting a DD Form 215 (Correction of a DD Form 214); a copy USAREC email authorizing the 18 December enlistment contract; a copy of orders number R-11-007178 with amendment; and a copy of active duty permanent change of station orders number R-06-203707.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show that, after having had prior service, he reenlisted in the USAR on 26 September 2000 for a period of six years. This contract established 10 November 2006 as his ETS date.

2. The applicant's military records show that applicant reenlisted again on 18 December 2000 for a period of four years. This contract established 17 December 2004 as his ETS date.

3. In the processing of this case, an advisory opinion was obtained from Headquarters, U.S. Army Reserve Command which recommended approval of the applicant's request. The opinion stated that applicant had two properly executed enlistment contracts and that had the existence of the first enlistment contract been known that the second enlistment contract would never have been executed. The opinion further provided that the first enlistment contract takes precedence over the second contract. The advisory opinion also concluded that if the second enlistment contract was accepted, it would result in a break in service for the applicant. Army Reserve Command officials determined that the first contract was more advantageous to the applicant and that the first contract would retain the applicant through 17 December 2004, which is more advantageous to the Army Reserve.
4. A copy of the advisory opinion was provided to the applicant for comment. On 8 August 2003, the applicant concurred with the advisory opinion.

5. Army Regulation 140-11 (U.S. Army Reserve Reenlistment Program) states, in pertinent part, that a correction to the term of service or effective date of a reenlistment agreement is prohibited. The regulation states that the soldier must petition the Board for Correction of Military Records for consideration per Army Regulation 15-185. Authority to correct administrative or typographical errors that will not effect the terms of service or the effective date of the enlistment document is delegated to the immediate commander or the commander's desiginee.

DISCUSSION AND CONCLUSIONS :

1. Based on the evidence of record and the advisory opinion, the enlistment contract dated 26 September 2000 was properly executed and is correct as currently constituted. It is also concluded that the applicant's ETS date should be 10 November 2006.

2. The enlistment contract dated 18 December 2000, was erroneously executed, therefore, it is concluded that the enlistment contract dated 18 December 2000 should be voided and expunged from the applicant's service personnel record.

BOARD VOTE:

__ JNS __ __ MDM __ __ BJE __ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the enlistment contract dated 18 December 2000.




                  Mr. John N. Slone
                  CHAIRPERSON



INDEX

CASE ID AR2003086830
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031118
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. 112.0000.0000
2.
3.
4.
5.
6.


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