RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 March 2005
      DOCKET NUMBER:  AR20040003301


      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. Nancy L. Amos                |     |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 DA Form 4836 (Oath of Extension of
Enlistment or Reenlistment) dated 1 June 2000 be corrected to reflect an
expiration term of service (ETS) date of 8 February 2003.  He also requests
that his DA Form 4836 dated 29 April 2001 be voided and he be granted an
antedated enlistment contract.

2.  The applicant states that he was not properly counseled as to his
options/benefits prior to executing the DA Form 4836 on 29 April 2001.  He
lost a reenlistment bonus and the Student Loan Repayment Program (SLRP) as
a result.

3.  The applicant provides his enlistment contract dated 8 October 1999;
his DA Form 4836 dated 1 June 2000; his DA Form 4836 dated 29 April 2001;
two USARC (U. S. Army Reserve Command) Forms 130-R (Reenlistment
Eligibility Worksheet); and his DA Form 2A (Personnel Qualification
Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant first entered the Army National Guard on 12 January 1990.
 He enlisted in the U. S. Army Reserve (USAR) on 8 October 1999 for 1 year,
making his ETS 7 October 2000.

2.  On 1 June 2000, the applicant extended in the USAR for 2 years and
        4 months.  Item 7a of his DA Form 4836 dated 1 June 2000
erroneously shows his current date of enlistment as 10 October 1999, items
7d and 8a erroneously show his current ETS as 10 October 2000, and item 8c
erroneously shows his new ETS as 10 February 2003.

3.  On 29 April 2001, the applicant extended again in the USAR for 1 year.
     Item 7a of his DA Form 4836 dated 29 April 2001 erroneously shows his
current date of enlistment as 10 October 1999, items 7d and 8a erroneously
show his current ETS as 10 February 2003, and item 8c erroneously shows his
new ETS as 10 February 2004.

4.  A USARC Form 130-R prepared on an unknown date but apparently in around
February 2004 noted he had 14 years and 25 days of total military service
and was not eligible for a reenlistment bonus as he had over 14 years of
total service.

5.  Another USARC Form 130-R, prepared on an unknown date, indicated in the
Comments block that the form was "completed as it should have been when
Soldier extended on 29 Apr 01.  Shows that Soldier was within Regulation to
receive a reenlistment bonus and the Student Loan Repayment …"

6.  On 18 November 2003, the applicant's unit requested the applicant's 1
June 2000 DA Form 4386 be corrected to reflect his correct ETS date and
that his     29 April 2001 extension be voided and changed to an antedated
contract.

7.  On 4 June 2004, the U. S. Army Human Resources Command – St. Louis
granted authority to antedate a reenlistment for the applicant.  That
antedated reenlistment was effective 11 February 2004 for an indefinite
period.

8.  In the processing of this case, an advisory opinion was obtained from
the Senior Army Recruiting Policy and Programs Manager, Recruiting Policy
Branch, Office of the Deputy Chief of Staff G-1.  The advisory opinion
concluded that an error occurred when the incorrect dates were annotated on
the applicant's 1 June 2000 extension that caused subsequent errors in the
calculation of his ETS dates.  The advisory opinion recommended correction
of the 1 June 2000 extension, voiding of the 29 April 2001 extension, and
authorizing the applicant a reenlistment bonus and the SLRP.

9.  A copy of the advisory opinion was provided to the applicant for
comment.  He did not respond within the given timeframe but was later
contacted by the Board analyst and indicated he concurred with the advisory
opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 8 October 1999 for 1 year, making
his ETS 7 October 2000.  He extended his enlistment for a period of 2 years
and      4 months on 1 June 2000.  Item 7a of his DA Form 4836 dated 1 June
2000 erroneously showed his current date of enlistment as 10 October 1999
whereas  it should have read 8 October 1999.  Items 7d and 8a erroneously
showed his current ETS as 10 October 2000 whereas they should have read 7
October 2000.  Item 8c erroneously showed his new ETS as 10 February 2003
whereas it should have read 7 February 2003.  His DA Form 4836 dated 1 June
2000 should be amended to reflect the correct dates.

2.  The applicant extended again on 29 April 2001 for a period of 1 year,
making his new ETS 7 February 2004.  However, since he entered military
service on   12 January 1990 and therefore completed 14 years of military
service on              11 January 2004, he would have missed out on any
reenlistment bonus and other incentives such as the SLRP when he reenlisted
upon his latest ETS.

3.  In accordance with the recommendation of the applicant's chain of
command and the advisory opinion, the applicant's extension of 29 April
2001 should be voided and he should be given an enlistment contract for 3
years antedated to   29 April 2001 with entitlement to a reenlistment bonus
and the SLRP.  That would have made his ETS 28 April 2004 and in line with
his current reenlistment contract of 11 February 2004.

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:

      a.  amending item 7a of his DA Form 4836 dated 1 June 2000 to show his
current date of enlistment as 8 October 1999, items 7d and 8a to show his
current ETS as 7 October 2000, and item 8c to show his new ETS as 7
February 2003; and


      b.  voiding his DA Form 4836 dated 29 April 2001 and giving him an
enlistment contract for 3 years antedated to 29 April 2001 with entitlement
to a reenlistment bonus and the Student Loan Repayment Program.




            __John E. Denning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003301                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050317                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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