RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       27 July 2006
      DOCKET NUMBER:  AR20050016340


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |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 the effective date of his antedated
Reenlistment Contract (DD Form 4/1) be changed from 3 August 2004 to 21
February 2005.

2.  The applicant states that he was initially retained beyond his
contractual obligation under the stop loss policy.  He states that he was
released from active duty (REFRAD) on 23 November 2004 and that, in
accordance with the stop loss policy, his expiration term of service (ETS)
was adjusted to 90 days later (20 February 2005).  He states that he
believes that the effective date of his antedated Enlistment Contract
should be 21 February 2005 and not 3 August 2004.  He states that if he had
originally reenlisted on 21 February 2005, his DD Form 4 would have only
reflected that "Soldier was involuntarily retained under Headquarters
Department of the Army (HQDA) Stop Loss Policy for the period yyyymmdd
through yyyymmdd" with an effective date on the date that he signed.

3.  The applicant provides in support of his application, his initial DD
Form 4; his antedated DD Form 4; a memorandum from the United States Army
Human Resources Command, St. Louis, Missouri, granting authority to
antedate his reenlistment; a copy of MILPER Message Number 03-041; and
electronic mail regarding indefinite reenlistment and stop loss.

CONSIDERATION OF EVIDENCE:

1.  On 28 August 1996, he enlisted in the Oklahoma Army National Guard
(OKARNG), for 6 years and 48 weeks, in the pay grade of E-2.

2.  After completing 3 years, 3 months and 29 days of service in the
OKARNG, he was honorably discharged on 26 December 1999, for the purpose of
enlistment in the Regular Army (RA).  Accordingly, on 27 December 1999, he
enlisted in the RA for 3 years, in the pay grade of E-4.

3.  On 17 December 2002, after completing 2 years, 11 months and 21 days of
net active service in the RA, he was honorably REFRAD under the Holiday
Early Release Program and he was transferred to a United States Army
Reserve (USAR) Troop Program Unit.

4.  The available records indicate that the applicant's unit was mobilized
to Iraq.  However, the exact date of mobilization is not available at this
time.  The available records also indicate that he was REFRAD on 23
November 2004.

5.  In a memorandum dated 30 June 2005, the United States Army Human
Resources Command, St Louis, Missouri, granted authority to the Commander,
United States Army Civil Affairs and Psychological Operations Command
(USACAPOC) to antedate the applicant's reenlistment to 3 August 2004, in
accordance with Army Regulation 140-111, paragraph 5-15.

6.  The applicant's antedated DD Form 4/1 indicates that he reenlisted in
the USAR for 6 years on 3 August 2004; that this reenlistment was antedated

with the approval of the Commander, Human Resources Command-STL,
AHRC-RSW-O, on 30 June 2005; and that the Soldier was involuntarily
retained under HQDA Stop Loss Policy for the period 3 August 2004 thru
10 July 2005.

7.  The Certificate of Acknowledgement of USAR Service Requirements and
Methods of Fulfillment (DA Form 3540) indicates that he was reenlisting for
6 years for a bonus amount of $15,000.00.

8.  During the processing of this case an Advisory Opinion was obtained
from the Director, Western Region, AHRC-STL, who stated that in accordance
with Army Regulation 140-111, chapter 5-15, a memorandum approving an
antedated reenlistment for the applicant was prepared on 30 June 2005.  The
director stated that the applicant's ETS date was 2 August 2004 according
to his Oath of Extension of Enlistment or Reenlistment dated 24 July 2003,
and that the memorandum approving the antedated reenlistment directed that
the Department of the Army authorized date of 3 August 2004 would be used
when preparing the DD Form 4/1.

9.  A second Advisory Opinion was obtained from AHRC-STL on 9 January 2006.
In the opinion the director explained that guidance from DA Deputy Chief of
Staff for Personnel,G-1, obtained after the initial Advisory Opinion,
necessitated a need for a different Advisory Opinion.  The director
specified that the applicant was REFRAD on 23 November 2004, and that
according to the stop loss rules, Soldiers have up to 90 days after REFRAD
to reenlist.  The director indicated that an approval memorandum for an
antedated reenlistment was done on
30 June 2005, and that the applicant reenlisted with a DA authorized date
of
3 August 2004.  The director opined that the approval memorandum should
have stated that the DA authorized date of reenlistment would be 24
February 2005.

10.  Although it is unclear as to which Advisory Opinion was forwarded, a
copy of the Advisory Opinion was forwarded to the applicant for his
information and possible rebuttal on 5 April 2006.  He submitted his
rebuttal on 4 May 2006, in


which he states that, being held under the Stop Loss Policy constituted an
involuntary extension to his existing contract which extended his
contractual ETS to 90 days past his REFRAD under Title 10, 12305.  He
states that a bonus control number was requested and approved for
$15.000.00 and that the bonus is part of his contract.  He further states
that due to the conflict with the effective date of the antedated contract,
the Reserve Component Pay Support Office will not process his paperwork for
payment.  He states that it was the bonus that encouraged him to reenlist
and that he now believes that the conditions of his reenlistment are not
being honored.  The applicant concludes his rebuttal by stating that he
strongly disagrees with the advisory opinions and that he believes that he
has provided sufficient reasoning to have the effective date of his
antedated reenlistment adjusted from 3 August 2004 to 21 February 2005.

DISCUSSION AND CONCLUSIONS:

1.  The question in this case is whether the applicant's DD Form 4/1 should
be corrected to reflect that he reenlisted in the Army Reserve on 24
February
2005 as indicated by the second Advisory Opinion from the Director, Western
Region, AHRC-SL or on 21 February 2005 as the applicant contends that it
should.

2.  After the thorough review of this case, this Board has determined that
the applicant is correct in his contention that his reenlistment date
should be reflected as 21 February 2005.

3.  The applicant was not REFRAD until 23 November 2004 and in accordance
with MILPER Message Number 03-041, under the stop loss rules, Soldiers have
up to 90 days after REFRAD to reenlist.  If the applicant's DD Form 4/1 is
amended to read 24 February 2005, as opined by the Director, Western
Region, AHRC-SL, he would be beyond the 90-day window.

4.  The applicant's DD Form 4/1 should be corrected to show that he
reenlisted in the Army Reserve on 21 February 2005, which is exactly 90
days after his REFRAD.  In doing so, he would remain within the 90-day
reenlistment window.

5.  Additionally, the statement "This Reenlistment Antedated with Approval
of Commander Human Resources Command-STL, AHRC-RSW-O, on 30 June 2005"
should be removed from his DD Form 4/1; and the statement "Soldier Was
Involuntarily Retained under HQDA Stop Loss Policy for the Period 3 August
2004 thru 10 July 2005, should be corrected to read that he was
Involuntarily Retained under HQDA Stop Loss Policy for the Period 3 August
2004 thru 23 November 2004.
6.  Moreover, at the time of the applicant's reenlistment, he was advised
that he would be awarded a $15,000.00 reenlistment bonus if he reenlisted
in the Army Reserve for a period of 6 years.  As a result of advice given
to him by a retention noncommissioned officer, he reenlisted in the Army
for 6 years with the belief that he would receive the $15,000.00 bonus as
indicated in his DA Forms
3540 and 5261-2-R.

7.  As such, the applicant is entitled to the full reenlistment bonus
amount of $15,000.00 and he should be awarded his bonus accordingly.

8.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

BOARD VOTE:

_EM____  _JCR____  __J ____  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:

      a.)  by correcting block 5 of his DD Form 4/1 to show that he
reenlisted in the Army Reserve on 21 February 2005;


      b.)  by removing from the Remarks Section of his DD Form 4/1 the
statement "This Reenlistment Antedated with Approval of Commander Human
Resources Command-STL, AHRC-RSW-O, on 30 June 2005;”


      c.)  by correcting the statement "Soldier was Involuntarily Retained
under HQDA Stop Loss Policy for the period 3 August 2004 thru 10 July 2005"
to read "Soldier was Involuntarily Retained under HQDA Stop Loss Policy for
the period 3 August 2004 thru 23 November 2004; and


      d.)  by awarding him the full $15,000.00 reenlistment bonus that is
indicated on the DA Forms 3540 and 5261-2R, and was agreed upon at the time
of his reenlistment.




                                  ______John T. Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016340                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  222  |112.0000/ENLISTMENT CONTRACT            |
|2.  227                 |112.0500/DATE OF ENLISTMENT             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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