RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 January 2008
	DOCKET NUMBER:  AR20070012620 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald L. Lewy

Member

Mr. David W. Tucker

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 to void his indefinite reenlistment contract, dated 26 February 2005, and authorize the execution of his extension [DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)], dated 21 March 2005.

2.  The applicant states that during the review of his application to join the Active Guard Reserve (AGR) in January 2005, he was instructed to execute an indefinite reenlistment contract in order to satisfy the service obligation of his three-year AGR tour.  He further states that in accordance with paragraph 8-12b of Army Regulation 140-111 (U.S. Army Reserve Enlistment Program), if the individual's expiration of term of service falls before that individual is scheduled to be released from active duty (REFRAD), then procedures would be immediately begun to extend the individual's enlistment.

3.  The applicant provides an extract from Army Regulation 140-111, dated 19 December 2003; a copy of his DA Form 4836, dated 21 March 2005; a copy of his DD Form 4 (Enlistment/Reenlistment Document), dated 26 February 2005; and an exchange of electronic mail (email), dated March 2005, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is a staff sergeant (SSG)/E-6, member of the AGR who initially enlisted in the Tennessee Army National Guard (TNARNG) on 3 March 1994.  He enlisted in the Regular Army on 5 October 1995 and reenlisted on 28 May 1998.  He held military occupational specialty (MOS) 71L (Administrative Specialist) and was honorably discharged and transferred to the U.S. Army Reserve Control Group on 27 May 2001. 

2.  On 28 June 2001, the applicant was released from the USAR Control Group (Reinforcement) and reassigned to the 81st Regional Support Command, a troop program unit (TPU), in Birmingham, Alabama.

3.  On 29 January 2004, the applicant enlisted in the USAR for a period of 2 years in the grade of SSG/E-6.  His ETS date was 28 January 2006.

4.  On 26 February 2005, the applicant executed an indefinite reenlistment in the USAR, in accordance with paragraph 2-3 of Army Regulation 140-111.  The applicant placed the entry in Item 8b (Remarks) of the DD Form 4, certifying that he understood his reenlistment was for an indefinite period of time and that he would be allowed to continue in a TPU status until he reaches his retention control point (RCP) for his grade or maximum age, whichever came first.  His ETS was and continues to be 30 September 2033.

5.  On 21 March 2005, the applicant voluntarily executed an extension of his 29 January 2004, enlistment contract for a period of 2 years, 2 months, and 23 days, in accordance with Rule P, Table 3-1, Army Regulation 140-111.  Rule P states that if a Soldier is serving on active duty in an AGR status and his ETS will occur prior to REFRAD date, the Soldier would be extended for the exact number of days, or months, or years required providing for simultaneous ETS and REFRAD dates. 

6.  On 29 March 2005, Headquarters, 81st Regional Readiness Command, Birmingham, Alabama, published Orders 05-088-00038, assigning the applicant to the U.S. Army Reserve Control Group (AGR) effective 21 March 2005.

7.  In an advisory opinion, dated 9 November 2007, obtained in the processing of this case, the Director, Army Reserve Active Duty Management Directorate, cited Rule P, table 3-8, Army Regulation 140-111 and recommended approval of the applicant's request to have his reenlistment contract, dated 26 June 2005, voided.  The Director further recommended that the applicant's enlistment contract, dated 29 January 2004, be extended to meet the initial AGR tour obligations.

8.  The applicant was provided with a copy of the advisory opinion on 15 November 2007.  He concurred with the advisory opinion on 21 November 2007.

9.  AR 140-111 governs the immediate reenlistment or extension of current members of the USAR assigned to the Selected Reserve, the Individual Ready Reserve (IRR), the Standby Reserve, and serving on active duty in the AGR 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....  The eligibility criteria is as follows:  "AGR Soldiers in the grades of Staff Sergeant through Command Sergeant Major who are eligible for reenlistment...[and] have at least 10 years of total military service will be allowed to reenlist (but not extend) for an unspecified period of time and to continue in an AGR status...."

10.  Chapter 3 of AR 140-111 provides policy and guidance for extending enlistment or reenlistment agreements to meet length-of-service requirements.  It states USAR Soldiers may be given the opportunity to extend when extension is authorized under table 3-1.  Table 3-1, Rule P states "Soldiers serving on active duty in an AGR status and ETS will occur prior to REFRAD date will be extended for the exact number of days, or months, or years required providing for simultaneous ETS and REFRAD dates."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his indefinite reenlistment be voided and replaced with an existing reenlistment extension. 

2.  AR 140-111 governs USAR reenlistment and extension programs.  When an AGR Soldier's ETS date precedes his REFRAD date, Rule P provides a means for aligning those dates and allowing the Soldier to serve to his REFRAD date.  However, the regulation also provides an option for indefinite reenlistment should the Soldier so choose; the regulation does not mandate either course of action.

3.  Evidence of record shows that the applicant relied on the information provided to him by his career counselors and/or reenlistment personnel.  It appears that he reenlisted, indefinitely, under the assumption that he was satisfying the service requirements of his AGR tour.  However, he was not required to reenlist.  Evidence of record further shows that after the applicant executed his indefinite reenlistment, he was told to extend.  Again, he extended in good faith to meet the service requirements of his AGR tour, although he was not required to extend.

4.  The result is that the applicant executed an indefinite reenlistment option that not only locks him until his RCP in 2033, when he turns 60 years old, but also prevents him from taking advantage of other reenlistment options that may include a bonus, a loan repayment program, or a station of choice; options that would have been available to him if he were counseled properly.

5.  In view of the above, since the applicant's extension, dated 21 March 2005, satisfies the service requirements for his AGR tour, it is now appropriate to void the applicant's indefinite reenlistment, dated 26 February 2005.  This would allow the applicant, upon his expiration of his REFRAD date (21 March 2008) to possibly execute a more favorable reenlistment option, should one be available.

6.  Since the applicant's ETS date is 21 March 2008, it is also appropriate to authorize an antedated extension or a reenlistment contract should that be required.




BOARD VOTE:

__gjp___  __dll___  __dwt___  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:

	a.  voiding the applicant's indefinite reenlistment contract, dated 26 February 2005, 

	b.  replacing his voided reenlistment contract with his extension, dated 21 March 2005, as having satisfied the service remaining requirements for his AGR tour; and

	c.  authorizing an antedated extension or reenlistment contract should that be required.




							Gerald J. Purcell
______________________
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.