RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2007
DOCKET NUMBER: AR20070008153
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:
Ms. Barbara J. Ellis
Chairperson
Mr. Jose A. Martinez
Member
Mr. Chester A. Damian
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 Enlistment/Reenlistment Document, Armed Forces of the United States (DD Form 4) effective 13 November 2006, to show that he enlisted for a period of 2 years in the United States Army Reserve (USAR).
2. The applicant states, in effect, that he enlisted for a period of 2 years in the USAR, in accordance with the recruiters reservation. When he signed the
DD Form 4, he does not remember seeing the handwritten 6 years and 0 months entered in Section B (Agreements).
3. The applicant provides copies of his DD Form 4, enlistment reservation, and a letter of support.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a USAR Soldier assigned to the 1st Battalion, 383rd Regiment, 3rd Brigade, 75th Division.
2. On 21 January 1987, the applicant enlisted in the United States Marine Corps. He completed his initial training and served on active duty as a rifleman for
4 years, 3 months and 20 days. He was honorably released from active duty on 20 April 1991. His Reserve obligation termination date was 7 January 1995.
3. The applicant served in the United States Marine Corps Reserve from 21 April 1991 to 7 January 1995, when he was discharged.
4. On 26 April 2006, the applicant enlisted in the Iowa Army National Guard and served until his discharge on 12 November 2006.
5. On 13 November 2006, a 2-year enlistment reservation was made in the applicants name for assignment in the USAR.
6. On 13 November 2006, the applicant completed a DD Form 4, agreeing to enlist in the USAR beginning in the rank of specialist, pay grade E-4. Section B (Agreements), on the first page of this document, shows a period of 6 years and zero weeks. This entry was handwritten. All other data was typed. He signed the form on the second page in item number 13b, dating it 13 November 2006.
7. On 22 May 2007, the Commander, Headquarters and Headquarters Company, 103rd Expeditionary Sustainment Command, stated in a letter of support for this case, that on 13 November 2006, the applicant had transferred from the Iowa Army National Guard to the USAR and subsequently enlisted in the USAR unit for a 2-year period. The commander further stated that the 6-year entry on the applicants DD Form 4 was erroneous and should be corrected to reflect a 2-year period, in accordance with the USAR reservation.
8. 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 62 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 reservation made on 13 November 2006, was clearly for a term of 2 years. The USAR Unit Commander confirms that a
2-year enlistment was intended. His DD Form 4, completed and signed that same day should have also been for a period of only 2 years, and not for the
6-year period that was handwritten on the contract.
2. Regulatory guidance permits an applicant who has no remaining military service obligation to enlist in the USAR for a period between 1 and 8 years.
3. Therefore, the applicants enlistment on 13 November 2006 should reflect an obligation of 2 years with an expiration term of service (ETS) on 12 November 2008.
4. In view of the above, the applicants request should be granted.
BOARD VOTE:
__JAM __ __BJE __ __CAD__ 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 showing in Section B, paragraph 8 of his DD Form 4/1 effective13 November 2006, that his period of service in the USAR was for 2 years and zero weeks, and amending all other relevant USAR data files to reflect his ETS as
12 November 2008.
__ Barbara J. Ellis_________
CHAIRPERSON
INDEX
CASE ID
AR20070008153
SUFFIX
RECON
20071108
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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