RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 August 2006
DOCKET NUMBER: AR20050016532
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Curtis L. Greenway | |Chairperson |
| |Mr. James B. Gunlicks | |Member |
| |Ms. Peguine M. Taylor | |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 her reenlistment of 15 July 2005 (sic,
actually 15 July 2004, which will be the date referred to hereafter) be
declared defective and voided. She requests that her records be corrected
to show she was extended for the period of time required to complete her
initial Active Guard Reserve (AGR) tour.
2. The applicant states the 15 July 2004 reenlistment contract for an
indefinite period was not in compliance with Army Regulation 140-111. She
should have been extended only for the period required to complete her
initial AGR tour.
3. The applicant provides two enlistment contracts, dated 12 April 1999
and 15 July 2004; an extract from Army Regulation 140-111; an email
dated 19 July 2005; her AGR active duty orders; and reassignment orders
dated 19 April 2005.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the Army National Guard, the
applicant enlisted in the U. S. Army Reserve (USAR) on 3 February 1995.
2. On 12 April 1999, the applicant reenlisted for 6 years, making her
expiration term of service (ETS) 11 April 2005.
3. On 11 July 2004, the applicant was ordered to active duty in an AGR
status for 3 years, making her release from active duty (REFRAD) date 10
July 2007.
4. On 15 July 2004, the applicant reenlisted for an indefinite period.
5. Army Regulation 140-111 (U. S. Army Reserve Reenlistment Program),
paragraph 8-12 states that, during in-processing, the records of an
individual ordered to active duty in an AGR status will be examined to
determine the current ETS date. If the ETS date will occur before the
REFRAD date, procedures will be immediately begun to extend the current
enlistment (in accordance with table 3-1, rule P) to the REFRAD date.
Table 3-1, rule P states that when the reason for extension is a Soldier is
serving on active duty in an AGR status and ETS will occur prior to REFRAD
date, then the Soldier will be extended for the exact number of days, or
months, or years required to provide for simultaneous ETS and REFRAD dates.
If the sum required exceeds 4 years, then the Soldier must be reenlisted
under table 2-7.
DISCUSSION AND CONCLUSIONS:
The applicant was erroneously reenlisted on 15 July 2004 upon her entry on
active duty in an AGR status. Her ETS was 10 April 2005. Her REFRAD date
from her AGR status will be 11 July 2007. Per regulatory guidance, her
reenlistment of 12 April 1999 should have been extended for a period of 2
years, 2 months, and 29 days to make her ETS date the same as her REFRAD
date.
BOARD VOTE:
__clg____ __jbg___ __pmt___ 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
voiding her reenlistment of 15 July 2004 and showing she extended her
reenlistment of 12 April 1999 for a period of 2 years, 2 months, and 29
days.
__Curtis L. Greenway__
CHAIRPERSON
INDEX
|CASE ID |AR20050016532 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060810 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |112.06 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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