RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 March 2005
DOCKET NUMBER: AR20040002571
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. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. John E. Denning | |Chairperson |
| |Mr. Joe R. Schroeder | |Member |
| |Mr. Michael J. Flynn | |Member |
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 that was signed on
10 January 2004 and antedated to 1 April 2001 be corrected to show a term
of service of 6 years vice indefinite.
2. The applicant states that indefinite enlistments were not an option in
April 2001.
3. The applicant provides:
a. Memorandum, Headquarters, US Army Reserve Personnel Command (AR-
PERSCOM), St. Louis, Missouri, Subject: Request for Antedated Enlistment,
dated 5 December 2003.
b. DA Form 5261-4-R (Selected Reserve Incentive Program), pages 1-4,
dated 10 January 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Staff Sergeant (SSG/E-6) serving in the US Army
Reserve (Troop Program Unit, or TPU). On 10 January 2004, he executed
reenlistment on DD Form 4/1 (Enlistment/Reenlistment Document). Section B,
Item 8 indicates enlistment for an indefinite period.
2. On an unknown date, the applicant submitted a request through his chain
of command to AR-PERSCOM seeking to antedate his reenlistment to 1 April
2001. His request was approved on 5 December 2003. Following approval, it
was noted that the antedated reenlistment was for an indefinite period;
however, indefinite reenlistments were not an option in 2001. The
applicant was advised to seek correction of his period of enlistment
through the Army Board for Correction of Military Records (ABCMR).
3. Army Regulation (AR) 140-111 (US Army Reserve Reenlistment Program)
prescribes policies, responsibilities, and procedures for the US Army
Reserve Reenlistment Program. Chapter 2 outlines the reenlistment
eligibility periods and authorized terms of service. The current
regulation permits indefinite reenlistments. The regulation in effect in
2001 did not permit indefinite reenlistments; it permitted reenlistment for
terms of 3, 4, 5, or 6 years.
4. AR 140-111, chapter 5-15, authorizes the reenlistment agreement to be
antedated with the prior approval of the Commanding General, AR-PERSCOM.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed a reenlistment contract on 10 January 2004. He
sought to antedate the contract to 1 April 2001. The request to antedate
the contract was approved.
2. In processing the antedated contract, an error was noted in the term of
enlistment. Indefinite enlistment was not an option in 2001; the antedated
contract should have been for a finite period of from 3 to 6 years.
3. Only the ABCMR, through Board action, may modify the term of enlistment
on an executed enlistment contract. The applicant's contract should be
modified to reflect a 6-year term of enlistment.
BOARD VOTE:
__jed___ __jrs___ __mjf___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL 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
modifying his enlistment contract to delete the indefinite term of
enlistment in favor of a 6-year term of enlistment.
John E. Denning
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040002571 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050317 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0500 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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