RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060002588


      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. Joyce Wright                  |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |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 his enlistment contract be
corrected to show that the term of service he enlisted for be changed from
"indefinite" to "2 years and 00 weeks."

2.  The applicant states, in effect, that his desire was to extend his
contract for 2 years and not to do an "indefinite" term, which he was led
to believe he had to do.  The retention NCO (noncommissioned) officer led
him to believe that an "indefinite" contract was his only option.  He
believed that the regulation, Army Regulation 140-111, chapter 2, page 21,
clearly states that a Soldier with at least 10 years and in pay grade E-6,
may reenlist indefinitely if he so desires.  At the time of his contract, 5
May 2005, he only had 8 years, 4 months, and 21 days of service; therefore,
he did not qualify, nor did he desire, to do an indefinite contract.

3.  The applicant provides a copy of his DD Form 4 (Enlistment/Reenlistment
Document/Armed Forces of the United States), dated 5 May 2004, a copy of
his DA Form 2A (Enlisted Personnel Qualification Record), an extract of
Army Regulation 140-111, chapter 2, page 21, and e-mails exchanged by local
retention officials, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the U. S. Army Reserve
(USAR) on 14 December 1995.  He was ordered to active duty for training on
10 July 1996.  He successfully completed basic combat training and advanced
individual training at Fort Leonard Wood, Missouri.  On completion of his
advanced training, he was awarded the military occupational specialty
(MOS), 62B, Construction Equipment Repairer.  He was promoted to sergeant
first class (SFC/E-7) effective 1 June 2006.

2.  The applicant provides a copy of his DA Form 2A, which shows his PEBD
(pay entry basic date) as 14 December 1995.

3.  DD Form 4/1, Section B (Agreements), shows that the applicant
reenlisted in the USAR for an indefinite period while he was in pay grade
of E-6.

4.  The applicant provides a copy of a series of e-mails that began on
26 January 2006 and terminated on 30 January 2006 which shows he attempted
to exhaust his administrative remedies through reenlistment channels within
his command regarding his indefinite enlistment contract.
5.  An advisory opinion was provided by the Army Reserve G-1, Headquarters,
United States Army Reserve Command (USARC), on 28 September 2006.  The
opinion states that the applicant enlisted for an indefinite term of
enlistment on 5 May 2004.  It states that the applicant believed this was
his only option and did not know that he did not meet the regulatory
requirements for an indefinite reenlistment.  He requests that the
indefinite contract be voided and he be allowed to extend his current
contract for 2 years.

6.  The opinion states that the applicant was correct when he stated that
he did not meet the regulatory requirements for an indefinite reenlistment.
 At the time he contracted for an indefinite reenlistment, the applicant
had 8 years of service. In accordance with Army Regulation 140-111, Table 3-
1, Rule A, a Soldier may extend for up to 12 months for any reason,
provided the Soldier is qualified for reenlistment.  Although the applicant
desired to extend his current contract for 2 years, further extensions
under this rule, after a 1-year extension of his contract is not
authorized.  The minimum length of service for which a Soldier may reenlist
under these circumstances is 3 years.

7.  The G-1 recommended that the length of service in the applicant’s
contract be corrected to reflect a reenlistment of 3 years and
entitlement to receive any incentive for which he was eligible had he
been allowed to reenlist for 3 years on 5 May 2004.

8. The applicant was provided a copy of the favorable opinion for his
acknowledgement and possible comment prior to consideration of this case.
 The applicant concurred on 11 October 2006.

9.  Army Regulation 140-111 governs the immediate reenlistment or extension
of current members of the USAR assigned to the Selected Reserve, the
Individual Ready Reserve (IRR), and the Standby Reserve, and personnel
serving on active duty in the AGR (Active Guard Reserve) Program.  Chapter
2, paragraph 2-4 pertains to the Indefinite Reenlistment Program.  It
states that the Secretary of the Army may accept USAR Soldiers for an
unspecified or indefinite term of service.  All USAR enlisted Soldiers are
required to enlist for an indefinite term unless exempted elsewhere in the
regulation or other regulations.  The eligibility criteria is as follows:
"TPU (troop program unit), IMA (Individual Mobilization Augmentation), and
IRR (Individual Ready Reserve) Soldiers in the grades of
SSG (staff sergeant) through CSM (Command Sergeant Major) eligible to
reenlist in accordance with the provisions of this chapter and who have at
least 10 years of total military service at the end of their current
enlistment may reenlist (but not extend) for an unspecified period of time.
 Reenlistment may be permitted for a specified period of time for
humanitarian reasons or while pending other ongoing personnel actions."

10.  Table 3, Rule A, in this same regulation, states that a Soldier may
extend for up to 12 months for any reason, provided the Soldier is
qualified for reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant reenlisted for an
indefinite period on 5 May 2004, while serving in pay grade E-6.  However,
his desire was to extend his current contract for 2 years and not to do an
"indefinite" term, which he was led to believe he had to do.  According to
regulation, a Soldier with at least 10 years, who is in pay grade E-6, may
reenlist indefinitely if he so desires.  At the time of the applicant's
contract, he had less than 10 years of service and did not desire to do an
indefinite contract.

2.  USARC Officials opined that the applicant was correct when he stated he
did not meet the regulatory requirements for an indefinite reenlistment.
He was eligible at the time of his enlistment on 5 May 2004, to extend his
contract for 12 months, for any reason, provided he was qualified for
reenlistment.  The applicant only desired to extend his current contract
for 2 years.  Further extensions after a first extension are not
authorized.  The minimum length of service for a reenlistment is 3 years.
The applicable regulation only allows one extension and for a maximum of 12
months.

3.  The opinion recommended that the applicant's contract be corrected to
reflect a reenlistment of 3 years, with entitlement to receive any
incentive for which he was eligible, had he been allowed to reenlist for
3 years on 5 May 2004.  The applicant concurred with the opinion and it
would, therefore, be unjust and inequitable to deny the applicant the
relief he has agreed to by his concurrence of the advisory opinion.
Therefore, his DD Form 4, Section 8, should be corrected to reflect his
term of service as "3 years and 00 weeks."






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RR ___  ___T ___  ___JGH _  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:  amending the applicant's reenlistment contract (DD Form 4/1),
Section B (Agreements), dated 5 May 2004, to show that he reenlisted in
the USAR for 3 years and 00 weeks, instead of for an unspecified
"indefinite years," that is now shown on his reenlistment documents.

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
the applicant's request to correct his enlistment contract to show he
enlisted for 2 years and 00 weeks.




                                  _____Marla J. N. Troup_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060002588                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . USAR ON AD                         |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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