RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        02 AUGUST 2005
      DOCKET NUMBER:  AR20040010444


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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, in effect, that the expiration of her 1-year
extension, executed on 14 September 2004, be corrected to show that her new
separation date is 27 February 2008 vice 21 October 2008.

2.  The applicant states her unit retention NCO (noncommissioned officer)
used the wrong Department of Defense Form 4 (Enlistment/Reenlistment Armed
Forces of the United States) to determine the new ETS (expiration term of
service) date reflected on her extension form.

3.  The applicant states that she should have been extended from her
original MSO (military service obligation) date of 28 February 1999 and not
the enlistment/reenlistment contract she executed on 22 October 1999 which
she executed when she went from the Army National Guard to the Army
Reserve.

4.  She states that she needed to extend her contract time to qualify for
the MGIB-SR (Montgomery GI Bill-Selected Reserve), because of a break she
had when she “transfer[ed] to the IRR [Individual Ready Reserve] for a few
months due to relocation.”  She states that the Human Resource Command
asked her to do a 1-year extension to qualify for the SR-MGIB because of
this break.

5.  The applicant provides a copy of her October 1999
enlistment/reenlistment contract, a copy of her July 1999 separation
document from active duty, and a copy of her September 2004 oath of
extension (Department of the Army Form 4836).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s Official Military Personnel File, which was available
to the Board, contained very few documents.  It did not include any
enlistment or reenlistment contract, but did include copies of orders
transferring her between elements of the Army Reserve and a copy of an
October 2003 physical examination conducted to determine if she was
medically qualified for retention in the military.

2.  According to the July 1999 separation document, provided by the
applicant, she was a member of the Army National Guard when she served on
active duty between 19 March 1999 and 20 July 1999 while undergoing
training.  That separation document notes that prior to entering active
duty the applicant had
1 month and 9 days of prior inactive service and a Reserve obligation which
terminated on 9 February 2007.  That information suggests that the
applicant first enlisted in the military on 10 February 1999.

3.  However, the applicant’s automated personnel qualification records,
dated
20 November 2004, indicates that the applicant initially entered military
service on 1 March 1999.

4.  Title 10, United States Code, Section 651 provides for statutory
military service obligation.  Soldiers who enlisted prior to 1 June 1984
incurred a 6-year statutory service obligation, and those enlisting after 1
Jun 1984 incurred an
8- year statutory obligation.  The statutory service obligation is always
measured from the date the Soldier first executed an enlistment in a United
States Armed Force.

5.  On 22 October 1999 the applicant executed an enlistment/reenlistment
contract in the United States Army Reserve.  The contract was for a period
of 8 years.  Item 7 (previous military service upon
enlistment/reenlistment) on the contract is blank.  Based on the
applicant’s 8-year contract her ETS date would have been established as 21
October 2007.

6.  Orders contained in the applicant’s file indicate that she was
voluntarily transferred from the United States Army Reserve Control Group
(Reinforcement) to a Troop Program Unit in Lawton, Oklahoma.  The effective
date of her transfer was 14 February 2001.  That same order indicates that
the applicant ETS date was 27 February 2007.

7.  On 17 January 2003 the applicant was transferred from the Troop Program
Unit in Lawton, Oklahoma to the United States Army Reserve Control Group
(Annual Training).  The basis for the transfer was the applicant’s moving
beyond a reasonable commuting distance.

8.  On 29 May 2003 the applicant was transferred from the United States
Army Reserve Control Group (Annual Training) to a Troop Program Unit at
Fort Benning, Georgia.

9.  On 14 September 2004 the applicant executed her 1-year extension
action.  The form notes that she was extending her 22 October 1999, 8-year
term of service, for a period of 1 year, thereby establishing her new ETS
date as
21 October 2008.  The form indicates she had no prior extension to the
October 1999 contract.  The reason and authority for the extension was
recorded as Table 3-1, Rule A, of Army Regulation 140-111.

10.  Army Regulation 140-111, which establishes the policies and provision
for the United States Army Reserve Reenlistment Program, states that all
extensions are voluntary and by signing the Department of the Army Form
4836 the Soldier extends the terms of service, benefits, and contractual
provisions of the current enlistment or reenlistment agreement.

11.  The regulation notes that the terms of the statutory obligation cannot
be extended, except as provided in law.  However, the terms of the
contractual obligation, which runs concurrent with the statutory
obligation, can be voluntarily extended.  Extension periods may vary from 1
to 48 months and will depend on the specific purpose for the extension.
Normally, only one extension will be authorized.  If subsequent extensions
are granted, the combined total of these extensions and all previous
extensions of the current agreement will not exceed 4 years.

12.  Table 3-1, rule A, of Army Regulation 140-111 authorizes extensions
for a period of up to 12 months for any reason, provided the Soldier is
otherwise fully qualified to reenlist and when the commander having custody
of the Soldier’s personnel records determines it is in the best interest of
the United States Army Reserve.

13.  Chapter 9, and rules R and S of Table 3-1 of Army Regulation 140-111,
provide for the reenlistment or extension of Soldiers in the Selective
Reserve to qualify for the MGIB-SR.  It notes that if a Troop Program Unit
Soldier has less than 3 years of total United States Army Reserve service
remaining on their current enlistment or reenlistment agreement (Department
of Defense Form 4/1) the Soldier must reenlist for 6 years.  If the Soldier
has more than 3 but less than 6 years of total United States Army Reserve
service remaining on a current enlistment or reenlistment the Soldier must
extend the agreement.  The period of extension may be up to 3 years to
provide for a remaining term of total United States Army Reserve service of
at least 6 years (table 3-1, rule R).  If the Soldier has more than 6 years
total United States Army Reserve service remaining on a current enlistment
or reenlistment agreement the Soldier must extend the agreement for 1 year
(table 3-1, rule S).  Extensions under either rule requires an additional
statement on the extension form indicating that the Soldier understands
that he/she is extending his/her term of service to that he/she may
complete 6 years in the Selected Reserve to qualify for entitlement under
the Montgomery GI Bill.  The specific paragraph of Chapter 9, under which
the individual is executing the extension, must also to be annotated on the
extension form.

14.  The MGIB-SR provides educational assistance for all qualifying
Selected Reserve (Troop Program Unit and Individual Mobilization
Augmentation) members.  It was enacted by Congress on 1 July 85 to attract
high quality men and women into the reserve branch of the Armed Forces.  To
be eligible, Selected Reserve members must execute a contractual agreement
to serve 6 years in the Selected Reserve, must have a high school diploma
or equivalency, completed initial active duty for training, remain in good
standing, and satisfactorily participate in training.

15.  Department of Defense Instruction 1322.17 implements the policies and
procedures for management of education benefits under the MGIB-SR.  It
states that entitlement to educational assistance is suspended on the date
the Soldier is granted an authorized period of absence and transfers to the
Individual Ready Reserve (Annual Training or Reinforcement) or the Inactive
National Guard.  Authorized periods of absence shall not exceed one 3-year
period for a missionary obligation or one period not to exceed 1 year for
all other circumstances.  Suspended entitlement to education assistance
shall be restored when the Soldier reaffiliates in the Selected Reserve
before the expiration of an authorized period of absence provided the
Soldier commits to serve in the Selected Reserve for a period that, with
time already served for entitlement of the Soldier to the MGIB-SR benefits,
shall equal 6 years.

16.  The Department of Defense Instructions also states that a member
entitled to the MGIB-SR must be advised of their entitlement to benefits
and issued a Department of Defense From 2384-1 (Notice of Basic
Eligibility) within 30 days of attaining entitlement.  The form becomes a
permanent part of the Official Military Personnel Record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board is limited, however, the documents
that are available suggest that the applicant initially entered military
service as a member of the Army National Guard in February 1999, thereby
acquiring an
8-year statutory service obligation.

2.  On 22 October 1999 she executed an 8-year enlistment/reenlistment
contract in the United States Army Reserve thereby incurring a contractual
obligation, which would expire on 21 October 2007, several months after her
statutory obligation would have ended.



3.  A copy of the applicant’s Notice of Basic Entitlement for the MGIB-SR
was not in the files available to the Board and as such the Board cannot
determine when the applicant first attained eligibility for that education
benefit, nor determine when her contractual obligation to serve 6 years in
the Selected Reserve began, was suspended, or was restored.

4.  However, in view of the fact that the applicant’s Department of the
Army Form 4836, executed in September 2004, shows that the reason for the
extension was Table 3-1, rule A, vice Table 3-1 rule R or S, it does not
appear the extension of her contractual service obligation was to qualify
for entitlements under the MGIB-SR.  Even if the extension was for that
purpose, Army Regulation 140-111 requires that extensions of enlistment or
reenlistment agreements extends the terms of the contractual provisions of
the current enlistment or reenlistment agreement.  The applicant’s
“current” enlistment/reenlistment agreement was dated 22 October 1999.
There is no evidence her current contractual service obligation began on 28
February 1999 as the applicant states, although that may have been when her
statutory obligation began.

5.  In the absence of more compelling evidence, including statements from
the applicant’s chain of command and her unit retention NCO that the
September 2004 extension document was executed erroneously, there is no
basis to adjust her ETS date nor alter the September 2004 extension
document.

6.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP__  __RD ___  ___JM  __  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____ William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010444                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |103.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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