IN THE CASE OF:
BOARD DATE: 03 SEPTEMBER 2008
DOCKET NUMBER: AR20080009287
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his enlistment contract into the Regular Army be modified from a period of 4 years and 21 weeks to 4 years, and that his expiration of term of service (ETS) be changed from 19 March 2009 to
19 October 2008.
2. The applicant essentially states that his ETS date of 19 March 2009 is wrong, and that all documents during his entire military career have shown his ETS date as 19 October 2008. He also states, in effect, that he started out-processing at his current installation, but was notified by his servicing transition point that his ETS was not until 19 March 2009. He further states that he has never been notified by anyone including retention personnel that his ETS date was wrong. He continued by stating that his brigade retention office notified him that he could request to have the 21 weeks forgiven off his enlistment contract.
3. The applicant provides two Enlisted Record Briefs, dated 3 June 2008 and
20 January 2006; his leave and earnings statements from June and July 2005 and June 2007 through May 2008; a two-page clothing record; a DA Form 647-1 (Personnel Register), dated 11 May 2005; an unknown personnel data sheet; a data sheet related to his enlistment; and a 12-page Enlisted Distribution and Assignment System (EDAS) Soldier Record in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the Regular Army.
2. The applicant's military records show that on 8 July 2004, the applicant enlisted in the United States Army Reserve for a period of 8 years under the Delayed Entry/Enlistment Program. Item 8a (For Enlistment in a Delayed Entry/Enlistment Program [DEP]) of his DD Form 4-Series (Enlistment/ Reenlistment Document Armed Forces of the United States) essentially shows that the applicant understood that he would be ordered to active duty as a Reservist unless he reported to the Fort Jackson, South Carolina Military Entrance Processing Station (MEPS) by 0530 hours on 20 October 2004 for enlistment in the Regular component of the United States Army for not less than 4 years and 21 weeks. Item 20a of his enlistment contract further shows that on 20 October 2004, he requested to be discharged from the Delayed Entry/
Enlistment Program and enlisted in the Regular Component of the United States Army for a period of 4 years and 21 weeks. Section H (Confirmation of Enlistment or Reenlistment) of this document shows that he executed his oath of enlistment into the Regular Army on 20 October 2004.
3. Item 32 (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees) of the applicant's DD Form 1966-Series (Record of Military Processing Armed Forces of the United States) essentially shows that the applicant enlisted for training in military occupational specialty (MOS) 42L (Administrative Specialist) for a period of 4 years and 21 weeks.
4. Item 1j of the applicant's Statement for Enlistment United States Army Enlistment Program shows that his term of enlistment in the Regular Army was
4 years and 21 weeks.
5. The applicant provided two Enlisted Record Briefs, dated 3 June 2008 and
20 January 2006; his leave and earnings statements from June and July 2005 and June 2007 through May 2008; a two-page clothing record; a DA Form 647-1, dated 11 May 2005; an unknown personnel data sheet; a data sheet related to his enlistment; and a 12-page EDAS Soldier Record; all of which showed that his ETS was 19 October 2008.
6. The applicant essentially stated that his ETS date of 19 March 2009 is wrong, and that all documents during his entire military career have shown his ETS date as 19 October 2008. He also stated, in effect, that he started out-processing at his current installation, but was notified by his serving transition point that his ETS was not until 19 March 2009. He further stated that he has never been notified by anyone, including retention personnel, that his ETS date was wrong. He continued by stating that his brigade retention office notified him that he could request to have the 21 weeks forgiven off his enlistment contract.
7. An Army News Service article, dated 9 February 2004, essentially announced that basic and advanced individual training would be in addition to the number of years a new recruit enlisted for under a new Force Stabilization initiative. It also stated that 19 jobs, mainly combat-arm specialties, fell under the then-recently implemented Variable Enlistment Length (VEL) Program. Under the VEL Program, Soldiers could enlist for 3 to 5-year VEL options. This article also stated, in pertinent part, that some of the non-combat-arms jobs that fell under the VEL Program were MOS 42A (Human Resources Specialist), MOS 42L [the MOS the applicant enlisted for], and MOS 92Y (Supply Specialist).
8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his enlistment contract into the Regular Army should be modified from a period of 4 years and 21 weeks to 4 years, and that his ETS should be changed from 19 March 2009 to 19 October 2008.
2. The evidence provided by the applicant which showed that his ETS was
19 October 2008 was noted; however, these documents are in error. The evidence of record clearly shows that at the time of his enlistment, he enlisted in the Regular Army for a period of 4 years and 21 weeks for training in MOS 42L. In view of the foregoing, there is no basis for modifying his enlistment contract or changing his ETS to 19 October 2008.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009287
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009287
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060012961
The applicant requests, in effect, that his enlistment contract in the U.S. Army Reserve (USAR) be voided. 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. 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...
ARMY | BCMR | CY2014 | 20140021163
The applicant requests an exception to policy (ETP) to retain his entitlement to the Non-Prior Service Enlistment Bonus (NPSEB) and the Student Loan Repayment Program (SLRP), both of which he contracted for at the time of his enlistment in the U.S. Army Reserve (USAR). His record does not contain a copy of the ETP request that addressed his continued entitlement to the SLRP; however, his record contains an NGB denial memorandum, in which they denied a PAARNG request for an ETP for the...
ARMY | BCMR | CY2015 | 20150003856
The applicant requests an exception to policy (ETP) to retain her Student Loan Repayment Program (SLRP) incentive. The applicant provides a memorandum signed by the Chief, Manning Division, Headquarters, USARC, Fort Bragg, NC, dated 29 October 2014, denying her request for ETP and citing the following reasons: a. she enlisted on 20 September 2003, for 8-years in the ARNG for a $50,000.00 SLRP in MOS 35D; b. she was released from the ARNG on 8 August 2011 and transferred into the IRR on 10...
ARMY | BCMR | CY2014 | 20140003229
On 3 January 2008, he executed a 1-year extension in the FLARNG, to be effective on 18 January 2008. There is no reenlistment or extension contract before or on that date. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by: * showing he executed and signed, and all required officials signed, the extension contract and bonus addendum on 21 May 2009, for a $10,000 extension/reenlistment bonus * showing that NGB...
ARMY | BCMR | CY2003 | 2003088772C070403
On 6 February 2003, the Company A, 105th Military Intelligence Battalion commander requested the applicant's date of rank be backdated to 21 July 2002. Therefore, in accordance with the governing regulation, there is no basis for granting the applicant's request to correct his date of rank to 26 April 2002. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2007 | 20070011871
His voluntary enlistment in the USMC is not an authorized remedy for ROTC debt repayment under the terms of his ROTC contract. Further, he enlisted in the USMC some 14 months after his disenrollment from the ROTC program and is now serving on active duty with the USMC for a period of 4 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he would satisfy the...
ARMY | BCMR | CY2010 | 20100012210
IN THE CASE OF: BOARD DATE: 14 December 2010 DOCKET NUMBER: AR20100012210 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 28 September 2001, the applicant was ordered to active duty for a period of 3 years in an AGR status. The requirement for the applicant to receive the specific SRB granted to her was for her to serve 6 years in the AGR in MOS 68J, not just for reenlisting in MOS 68J.
ARMY | BCMR | CY2009 | 20090015542
The applicant provides, in support of her application, copies of her memorandum submitted through the Commander, USARIEM; a statement from a sergeant; her college transcripts; her certificate for Medical Technologist (MT); a letter, dated 21 October 2008, from USARIEM; an SFS Form 29-E-R (Recommendation for Student Action); two pages from her application for enlistment; 3 pages from her enlistment contract; her orders, dated 2 June 2003, for transfer to the Medical Command Europe Replacement...
ARMY | BCMR | CY2001 | 2001061314C070421
Her Enlistment/Reenlistment Document, DD Form 4/1, shows that she enlisted for 3 years. Her DD Form 4/1 shows that she was to enlist in the Regular Army for not less than 3 years. The DD Form 1966/3 on file in her military records is annotated that her term of service was changed from 3 years to 4 years with her approval.
ARMY | BCMR | CY2008 | 20080018067
In consideration of the mutual benefits, which will accrue to the parties hereto by reason of the cadet's participation in the Army ROTC and later service in the United States Army, he agreed (in pertinent part) that he would incur an active duty and/or reimbursement obligation after the first day of his MS (Military Science) II year (sophomore year) if he was a three, four or five year scholarship recipient. It is noted that when the applicant changed from the Army ROTC to the Marine Corps...