RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 July 2005
DOCKET NUMBER: AR20050005949
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. David S. Griffin | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. Robert J. Osborn | |Member |
| |Ms. Brenda K. Koch | |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 dates on his DD Form 4
(Enlistment/Reenlistment Document Armed Forces of the United States),
DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service
Requirements and Methods of Fulfillment), and DA Form 5261-2-R (Selected
Reserve Incentive Program - Reenlistment/Extension Bonus Addendum) be
changed to 27 January 2005 instead of 27 January 2004.
2. The applicant states that the dates should read 27 January 2005 instead
of
27 January 2004.
3. The applicant provides a copy of:
a. his DD Form 4, DA Form 3540, and DA Form 5261-2-R that show he
reenlisted on 23 April 1999 in the Army Reserve (USAR) for a period of 6
years;
b. 376th Personnel Services Battalion, Long Beach, California Orders
03-332-00004, dated 28 November 2003, that show the applicant was ordered
to report to Long Beach, California on 7 December 2003, and to Fort Bliss,
Texas on 10 December 2003 for a period of 545 days for mobilization for
Iraqi Freedom;
c. his DD Form 4, DA Form 3540, and DA Form 5261-2-R that show he
reenlisted on 27 January 2004 in the USAR for an indefinite period;
d. his Defense Finance and Accounting Service Military Leave and
Earnings Statement of 15 February 2005 that contains the statement "$15000
bonus not authorized for reenlistment contract signed/dated prior to
18DEC04.";
e. a Memorandum for Record, dated 7 March 2005, from the retention
non-commissioned officer (RTNCO) at the Office of the Chief, Army Reserve
Retention and Transition Division at Fort McPherson, Georgia. The RTNCO
states that the date of reenlistment on the applicant's DD Form 4 is
incorrect and that the reenlistment was executed on and should read 27
January 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a staff sergeant serving on active duty in
the USAR.
2. When the applicant reenlisted in the USAR on 23 April 1999 for 6 years
his expiration of term of service (ETS) was established as 22 April 2005.
3. The RTNCO who submitted the Memorandum for Record, dated 7 March 2005,
is also the NCO who accepted the applicant on behalf of the USAR on his
reenlistment in Kuwait.
4. The reenlistment documents dated 27 January 2004 show that the
applicant was at Camp Arifjan, Kuwait at the time of his reenlistment.
5. Army Regulation 140-11 (U.S. Army Reserve Reenlistment Program)
implements Department of Defense policy governing retention, reenlistment
eligibility, and service requirements in accordance with the United States
Code. Table 2-3, Line 1, of this regulation states, in pertinent part,
that a member serving on a USAR enlistment or reenlistment that has not
been extended may reenlist within 3 months of completing the terms of the
enlistment or reenlistment for a period of 3, 4, 5, or 6 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of reenlistment is incorrect.
2. On 27 January 2004, the applicant would have been more than 3 months
from his ETS. In accordance with current Army regulations he would not
have been authorized to reenlist at that time.
3. The RTNCO who submitted the Memorandum for Record, dated 7 March 2005,
is also the NCO who accepted the applicant on behalf of the USAR on his
reenlistment in Kuwait.
4. In view of the above, it is reasonable to presume that the applicant
did in fact reenlist in the USAR on 27 January 2005 instead of 27 January
2004.
BOARD VOTE:
___rjo___ ____ji___ ___bkk __ 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
showing that he reenlisted and executed all forms in conjunction with that
reenlistment on 27 January 2005.
_________John Infante_____________
CHAIRPERSON
INDEX
|CASE ID |AR20050005949 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050721 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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