RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 December 2005
      DOCKET NUMBER:  AR20040011135


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 5 November 2002 extension in the Army
Reserve (USAR) be voided and the original expiration of his term of service
(ETS) be reinstated. By email, he modified his request to ask for immediate
discharge so he can reenlist.

2.  The applicant states that his extension was erroneous because he was
not eligible to extend.  It was executed outside of the
extension/reenlistment window. He intended to join in the Reserve Officer
Training Corps (ROTC).  However, the paperwork got confused and ultimately,
he did not enroll in the program.  The result was an improper extension.

3.  The applicant provides copies of memoranda from his Army Reserve
detachment administrator, regional readiness command, detachment commander
Columbus Georgia State University ROTC, DA Form 4836 (Oath of Extension or
Reenlistment), prior service DD Form 214 (Certificate of Release or
Discharge from Active Duty), a recent evaluation report, and original USAR
enlistment contract.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR for 8 years and entered the Delayed
Entry Program (DEP) on 10 December 1996.  His ETS was 9 December 2004.
He entered the Regular Army on 13 March 1997.  On 8 March 2002 he was
released from active duty with an honorable characterization of service and
transferred to the USAR Control Group (Reinforcement).  Subsequently he was
voluntarily transferred to a Troop Program Unit (TPU).

3.  On 5 November 2002 the applicant extended his USAR enlistment for 4
years.  He states this was done to make him eligible to attend ROTC.  The
extension authority cited was Army Regulation 140-111, table 3-1, rule
[blank].

4.  The memoranda from the unit administrator and the 81st Regional
Readiness Command state that the applicant's extension was erroneous and
asked that it be voided and that the applicant granted defacto status for
the interim period.

5.  Army Regulation Army Regulation 140-111 (Reserve Reenlistment Program),
Table 2-3 indicates that the reenlistment [or extension] window for a
member assigned to a TPU who has not previously been extended is within 3
months of the completion of the term of service.  Table 3-1, Rule B,
authorized extension of enlistment to meet a service-remaining requirement
when a Soldier has been selected for attendance at an officer training
program.  The Soldier may be extended for the period of time necessary to
meet the service-remaining requirement, but not to exceed 4 years.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant extended his enlistment on 5 November
2002 to attend ROTC.  Although there is no specific evidence of record to
substantiate that he was going to enroll in ROTC, there is no reason to
doubt the applicant's assertion, because otherwise he would not have been
eligible to extend on that date.  However, just because he did not follow
through with the ROTC aspect, the extension is not defective.  At the time
it was executed it was for a valid reason.

2.  Nevertheless, the applicant is now well past his original ETS, and to
void the extension would not be in his best interest.  To void the
extension would create an injustice due to the fact that there would then
be a break in service and he would also lose entitlement to pay and
retirement points earned during the period of the extension already served.

3.  The applicant's current situation is a hardship on him because it
deprives him and his family of the benefit of reenlisting for any
incentives to which he may now be entitled.  Voiding the extension is not
warranted because the extension is not defective.  As an exception to
policy to the normal reenlistment window, the applicant should be allowed
to immediately reenlist in his current unit of assignment within 120 days
of this Board action.  Should he not reenlist the
5 November 2002 extension remains in force.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__EEM__  _BPI____  __DS_ __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by

showing that as an exception to policy he is authorized early reenlistment,
with any incentives to which he may be entitled.  This exception remains in
effect for 120 days of this Board action and should he not reenlist the 5
November 2002 extension remains in force.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
voiding his 5 November 2002 extension and reinstating his original
expiration of term of service.






                                  __     Bernard P. Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011135                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PART)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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