Search Decisions

Decision Text

ARMY | BCMR | CY2004 | 20040010731C070208
Original file (20040010731C070208.doc) Auto-classification: Approved



                     SUPPLEMENTAL RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            DECEMBER 16, 2004
      DOCKET NUMBER:   AR20040010731


      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.  A quorum was present during the
further consideration and deliberation.  The findings appearing in
proceedings dated December 16, 2004 were affirmed.  The following
additional findings, conclusions, and recommendations were adopted by the
Board.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Analyst              |

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated December 16, 2004.

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth B. Love              |     |Member               |
|     |Mr. Ronald J. Weaver              |     |Member               |

      The Board considered the following additional evidence:

      Exhibit C – (show the identifying data for the original Record of
Proceedings)






CONSIDERATION OF ADDITIONAL EVIDENCE:

5.  On 4 November 2004, new information was received from the Army Review
Boards Agency Support Division, St. Louis, Missouri, in regard to the
decision of the Army Board for Correction of Military Records (ABCMR) in
Docket Number AR2003093283, dated 26 February 2004.

6.  The evidence submitted consists of a copy of the DA Form 4836, Oath of
Extension of Enlistment or Reenlistment, pertinent to the extension entered
into by the applicant on 6 January 2002.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

5.  At the time of the decision of the ABCMR in Docket Number AR2003093283,
dated 26 February 2004, it was the intent of the ABCMR to make the
applicant’s record as administratively correct as it should properly have
been at the time.

6.  The ABCMR's decision in Docket Number AR2003093283 is incorrect
due to an administrative error that affected the results of the Board's
final determination/recommendation in the case.

7.  In paragraph 2, of the Consideration of Evidence, it states that the
applicant extended her enlistment for a period of 5 months and 1 day and,
that the applicant's new ETS (expiration term of service) should have been
established to be 26 July 2002.

8.  Paragraph 2, of the Consideration of Evidence, should correctly state
that the applicant extended her enlistment for a period of 1 year and 5
months and, the applicant's new ETS should have been established to be 25
July 2003.

9.  In paragraph 2, of the Discussion and Conclusions, it states that the
applicant originally enlisted in the USAR (US Army Reserve) on 26 February
for 8 years.  The year, 1994, was inadvertently omitted from this sentence
and it should be included to form a basis for other dates pertinent to the
applicant's service.

10.  The year, 1994, should be included in the first sentence of Paragraph
2, of the Discussion and Conclusions, and should read as follows:  The
applicant originally enlisted in the USAR on 26 February 1994 for 8 years.

11.  In paragraph 3, of the Discussion and Conclusions, it states, "With an
extension of her service agreement for 5 months and 1 day, the applicant's
new ETS (Item 8c.) should have been established at 26 July 2002, and not 31
June 2003.  It should be noted that the month of June has only 30 days."

12.  Paragraph 3, of the Discussion and Conclusions, should correctly read,
"With an extension of her service agreement for 1 year and 5 months, the
applicant's new ETS (Item 8c.) should have been established at 25 July
2003, and not 31 June 2003.  It should be noted that the month of June has
only 30 days.”

13.  In paragraph c, in the Board Determination/Recommendation, the
recommendation is to amend "the date in item 8c to read:  20020725 (25 July
2002)."  This date was incorrectly established based on the administrative
error incorrectly interpreting the period of the applicant's extension.

14.  Paragraph c, in the Board Determination/Recommendation, should be
amended to read, "amending the date in item 8c to read:  20030725 (25 July
2003).

BOARD VOTE:

YM_____  RJW ____  MBL_____  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
amendment of the decision of the Army Board for Correction of Military
Records set forth in Docket Number AR2003093283, dated 26 February 2004, to
show

      e.  in paragraph 2, of the Consideration of Evidence, that the
applicant extended her enlistment for a period of 1 year and 5 months and,
the applicant's new ETS should have been established to be 25 July 2003.

      f.  in paragraph 2, of the Discussion and Conclusions, that the
applicant originally enlisted in the USAR (US Army Reserve) on 26 February
1994 for 8 years.

      g.  in paragraph 3, of the Discussion and Conclusions, that, "With an
extension of her service agreement for 1 year and 5 months, the applicant's
new ETS (Item 8c.) should have been established at 25 July 2003, and not 31
June 2003.

      h.  in paragraph c, in the Board Determination/Recommendation, that
the date in item 8c is amended to read:  20030725 (25 July 2003).





            ____Yolanda Maldonado____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010731                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.  190                 |110.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2004 | 20040003301C070208

    Original file (20040003301C070208.doc) Auto-classification: Approved

    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). 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. As a result, the Board...

  • ARMY | BCMR | CY2006 | 20060015770

    Original file (20060015770.txt) Auto-classification: Approved

    Counsel provides the following documents in support of the applicant’s application: Enlistment Contract, dated 16 January 1970; DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 25 September 1970; Enlistment Contract, dated 16 January 1974; NGB Form 22 (Report of Separation and Record of Service), dated 15 January 2003; Page 3 of DA Form 20 (Enlisted Qualification Record); Award certificate for the Meritorious Service Medal, dated 11 October 1999; Five...

  • ARMY | BCMR | CY2011 | 20110004572

    Original file (20110004572.txt) Auto-classification: Approved

    Her DD Form 214 shows in: * item 6 (Reserve Obligation Termination Date) she had no Reserve obligation when she was discharged * item 25 (Separation Authority) - Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) , chapter 4 * item 26 (Separation Code) - "JBK" * item 27 (RE Code) - "4" 7. The version in effect at the time of her discharge stated Soldiers with less than 10 years of active Federal service would be reenlisted for 2, 3, 4, 5, or 6 years of service. ...

  • ARMY | BCMR | CY2014 | 20140007364

    Original file (20140007364.txt) Auto-classification: Denied

    With MYOS suspended during the mobilization, Removal Rule #2 was used to calculate the ETS date, which is age 60 for enlisted Soldiers thus giving an ETS date of 3 January 2021. e. When he discussed this with Master Sergeant Ixxxx at the U.S. Army Human Resources Command (HRC), he became evasive and stated, "you apply the active duty rules to a mobilized reservist as stated in AR 140-111 (USAR Reenlistment Program), chapter 8." The orders show he was reenlisted and ordered to active duty in...

  • ARMY | BCMR | CY2011 | 20110020456

    Original file (20110020456.txt) Auto-classification: Approved

    The applicant requests the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) that she executed on 3 February 2010 be voided and removed from her military service records. The applicant and a commissioned officer signed the document on 3 February 2010. d. Two email messages that show: (1) On 15 September 2011, an Army official indicated that the applicant: * was not authorized an affiliation bonus because she was required to reenlist for 1 year upon assignment and failed to do...

  • ARMY | BCMR | CY2004 | 20040010444C070208

    Original file (20040010444C070208.doc) Auto-classification: Denied

    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. On 22 October 1999 the applicant executed an enlistment/reenlistment contract in the United States Army Reserve. Table 3-1, rule A, of Army Regulation 140-111 authorizes extensions for a period of up...

  • ARMY | BCMR | CY2011 | 20110005389

    Original file (20110005389.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 18 on the DD Form 214 she received does not show she had service in Iraq. ________X________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

  • ARMY | BCMR | CY2012 | 20120005229

    Original file (20120005229.txt) Auto-classification: Denied

    He provides the following: * Self-authored statement * DA Form 4187 (Personnel Action), dated 22 March 2003 * Orders 329-007, dated 24 November 2004 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 22 March 2003 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 June 2004 * Orders 085-118, dated 26 March 2003 * Congressional correspondence CONSIDERATION OF...

  • ARMY | BCMR | CY2014 | 20140003873

    Original file (20140003873.txt) Auto-classification: Approved

    c. The State Incentive Manager requested an ETP to pay the incentive on 17 April 2013, but the National Guard Bureau (NGB) denied the request because paying the incentive violated Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) 07-06: * She accepted an Active Guard Reserve (AGR) position on 16 February 2010 * The SRIP addendum was missing the applicant's and the witnessing officer's signature dates * The SLRP addendum was also dated 3 May 2009 which was after the her...

  • ARMY | BCMR | CY2008 | 20080017457

    Original file (20080017457.txt) Auto-classification: Approved

    Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 23 March 1999 through 22 March 2002, and to add this award to Item 13 of his DD Form 214. Furthermore, the evidence of record confirms that based on the applicant’s active duty service on and after 11 September 2001, and his service in Iraq in support of OIF he is also entitled to the GWOTSM and the ICM with 2 bronze service stars. As a result, the Board recommends that all...