RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060012961 


	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.  


x
	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 in the U.S. Army Reserve (USAR) be voided.

2.  The applicant states that he was told he would be given a Drill Sergeant billet at Jefferson Barracks, St. Louis upon his initial enlistment in the Army Reserve. When he arrived at Jefferson Barracks, he talked to the personnel sergeant and was told no such job existed at that duty station.  He was advised to talk to his recruiting station and his Military Entrance Processing Station (MEPS) to solve the problem.  Personnel at the recruiting station and MEPS informed him that there was a mistake in the loading of Drill Sergeant positions into the wrong duty station.  He tried to submit a request for separation, but he was informed that he could not be released under these conditions.  He states, in effect, that he was released from his assignment due to cogent and personal reasons.  He now has 2 extra years added to his service obligation.  He originally enlisted in the U.S. Marine Corps (USMC) in 1999.  He would like his contract with the USAR voided so he can complete his original enlistment with the USMC which ends in September 2007.  

3.  The applicant provides a copy of his reassignment orders in the Army Reserve; his reservation sheet for enlistment in the USAR; and his DD Form 4/1 (Enlistment/Reenlistment Document), dated 21 October 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Marine Corps Reserve (USMCR) on 18 October 1999.

2.  The applicant's U.S. Army Recruiting Command (USAREC) reservation sheet shows he would enlist in the USAR on 21 October 2005 for a period of 3 years and 00 weeks.  His reservation sheet shows the Reserve unit for in-processing was located at Jefferson Barracks in St. Louis, Missouri.  His duty position and duty title was listed as 00D2O00YY (Special Duty Assignment).  The reservation sheet does not identify a position for a Drill Sergeant.  

3.  The applicant signed an enlistment contract on 21 October 2005 for enlistment in the USAR on 21 October 2005 for a period of 3 years.  In Section IV (Service Obligation) on his enlistment contract, he acknowledged that he was currently a member of an Armed Force of the United States, other than the USAR, and had been granted a conditional release to permit enlistment in the USAR.  He also acknowledged that, “I incurred a statutory military service obligation of 8 years on my initial entry into the military service.  I have not completed that obligation; therefore, this enlistment in the U.S. Army Reserve is for a term of service that is equal to, or greater than, the unfulfilled portion of my previously incurred statutory military service obligation.”

4.  Headquarters, 75th Division (Training Support), Houston, Texas Orders Number 06-181-00013, dated 30 June 2006, reassigned the applicant from the 75th Division, 3rd Brigade to the U.S. Army Reserve Control Group (Reinforcement) with an effective date of 30 June 2006.

5.  In the processing of this case, a staff advisory opinion was obtained from the U.S. Army Human Resources Command, St. Louis (HRC-STL).  The opinion points out that all service members incur an 8-year service statutory service obligation on their initial entry into the Armed Forces.  The applicant signed a DD Form 4/1 on 18 October 1999 which made his expiration of term of service (ETS) 17 October 2007.  On 21 October 2005, the applicant signed another DD Form 4/1 which extended his time for 3 years with an ETS of 20 October 2008.  The opinion states that once the applicant fulfills the 8-year statutory service obligation, a discharge could be requested.  

6.  A copy of the advisory opinion was forwarded to the applicant for information and possible rebuttal.  However, he did not respond within the allotted timeframe.

7.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), chapter 2, paragraph 2-1 states that the statutory military service obligation (MSO) is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment.  On and after 1 June 1984, all Soldiers incurred an 8-year statutory MSO.

8.  U.S. Army Human Resources Command Enlisted Military Occupational Specialty (MOS) Structure Chart lists the MOS for Special Duty Assignment as “00D.”  The following were listed as associated Acquired Skill Identifiers (ASI) for MOS 00D:

P5-Master Fitness Trainer				  2A-Non-Ethal Weapons Trainer
4A-Reclassification Training			  2B-Air Assault
1J-Operational Electronic Warfare Operations	  2S-Battle Staff Operations
1K-Tactical Electronic Warfare Operations	  5W-Jumpmaster
1X-Green Belt in Lean Six Sigma			  6Q-Additional Duty Safety NCO
1Y-Black Belt in Lean Six Sigma			  6T-Military Auditor
1Z-Master Black Belt in Lean Six Sigma		  8P-Competitive Parachutist

9.  U.S. Army Human Resources Command Enlisted MOS Structure Chart lists the Special Qualification Identifier (SQI) for Drill Sergeant as “X.”
DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the USMCR on 18 October 1999.  At that time, he incurred an 8-year MSO which made his ETS 17 October 2007.

2.  On 21 October 2005, the applicant enlisted in the USAR for a period of 3 years with an ETS of 20 October 2008.  This enlistment contract was valid.  

3.  The applicant contended that he was told he would be given a Drill Sergeant billet upon enlistment in the USAR.  However, his USAREC reservation sheet indicated he would be assigned in duty MOS 00D for a Special Duty Assignment. The USAREC reservation sheet did not indicate SQI of “X” for the position of a Drill Sergeant nor was “Drill Sergeant” mentioned.  

4.  Based on the advisory opinion from HRC-STL, once the applicant fulfills his 
8-year MSO of 17 October 2007, he could submit a request for discharge. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x_____  x______ x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




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          CHAIRPERSON



INDEX

CASE ID
AR20060012961
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070522
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
112.0600
2.

3.

4.

5.

6.