RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 August 2007
DOCKET NUMBER: AR20070003203
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Ms. Rea M. Nuppenau
Member
Mr. Dennis J. Phillips
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 correction of his United States Army Reserve (USAR) enlistment contract to show his length of service agreement as 2 years. The applicant modified his request to include the option of discharge within 90 days of approval of the Boards recommendation.
2. The applicant states that he had served previously and was honorably discharged from both the Regular Army and from his USAR commitment. In August 2002, he enlisted in the USAR for an additional period of 2 years. He was told by the recruiter that all contracts had to show 8 years in part B, Agreements, but that it would be alright since he showed a 2-year commitment in paragraph 32 of the contract. The applicant served another 20 months in Iraq and 4 months in a troop program unit (TPU). He is now told that he must serve the entire 8 years. He could not get anyone to fix his problem but did manage to get transferred to the Individual Ready Reserve. He should have been discharged in August 2004, one month after returning from Iraq.
3. The applicant provides a copy of his enlistment contract, orders, and Certificate of Release or Discharge from Active Duty (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. On 1 May 1992, the applicant enlisted in the USAR for 8 years. He was in the Delayed Entry/Enlistment Program through 7 May 1992, and entered the Regular Army on 8 May 1992 for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 88M1O (Motor Transport Operator). On 5 May 1995, the applicant was honorably separated from active duty. He had attained the rank of specialist, pay grade E4 and had completed
2 years, 11 months and 28 days of creditable active service.
2. Item 6 (Reserve Obligation Termination Date) of the applicants DD Form 214 for the period ending 5 May 1995 shows 30 April 2000. USAR discharge orders are not available for review.
3. On 29 July 2002, the applicant signed an USAR enlistment contract. Paragraph 8 shows that he enlisted for a period of 8 years beginning in the rank of private first class, pay grade E3.
4. DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) indicates in Item 18d that his term of enlistment was for 2 years.
5. Item 32a (Specific Option/Program Enlisted For) shows that the applicant enlisted in accordance with Army Regulation 601-210 for 2 years as a prior service Soldier. He had no training option and was to retain his former MOS of 88M1O. This entry also shows his unit identification code and address.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides, in pertinent part, that prior service applicants 18 through
57 years of age with no remaining military service obligation who can qualify for retired pay by age 60 may enlist in the USAR for assignment to a TPU for 1 but not more than 8 years; or they may enlist in the USAR for assignment to USAR Control Group (Reinforcement) for a period of 3 through 8 years.
DISCUSSION AND CONCLUSIONS:
1. The applicants USAR enlistment contract clearly shows that it was his intention to enlist and serve for only a period of 2 years. It appears that the Army recruiter knew this when he entered the prior service remarks in Item 32 of the DD Form 1966.
2. Regulatory guidance permits an applicant who has no remaining military service obligation to enlist in the USAR for a TPU assignment for a period of time as short as 1 year.
3. Therefore, the applicants enlistment on 29 July 2002 should have been terminated on 28 July 2004.
4. However, at this late date, it seems impractical to discharge the applicant with an effective date of 28 July 2004. Therefore, he should be discharged within
90 days of approval of this action.
BOARD VOTE:
___ DJP _ __RMN__ __JCR 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 discharging him from the USAR within 90 days of approval of this action.
_ Jeffrey C. Redmann _
CHAIRPERSON
INDEX
CASE ID
AR20070003203
SUFFIX
RECON
DATE BOARDED
20070809
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
112.0300
2.
3.
4.
5.
6.
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