IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080010035
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 reenlistment contract should be corrected to show that he reenlisted in the United States Army Reserve (USAR) with an expiration term of service (ETS) date of 11 July 2010.
2. The applicant states, in effect, that his USAR reenlistment contract expiration date is erroneously shown as 11 July 2012. He also states that he reenlisted before his 6 year contract was up with the understanding that he was reenlisting for 3 years. This should have changed his ETS date to 11 July 2010 and not
11 July 2012.
3. In support of his application, the applicant provides copies of his DD Forms 4/1 (Enlistment /Reenlistment Document), dated 12 July 2001 and 23 April 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records and his DD Form 4/1, dated 12 July 2001, show he enlisted in the USAR for 8 years on 12 July 2001. His ETS date was established as 11 July 2009.
2. The applicant's DD Form 4/1, dated 23 April 2007, shows he reenlisted in the USAR for 3 years. The forms shows the applicant acknowledged that his reenlistment was effective 12 July 2009, one day following his current ETS date of 11 July 2009, and his contract expiration date (ETS) was 11 July 2012.
3. In an advisory opinion, dated 27 February 2009, the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1, stated that the applicant enlisted in the USAR on 12 July 2001 under a 6X2 enlistment option. The applicant's troop program unit (TPU) expiration date was 11 July 2007. In accordance with Army Regulation 140-111 (USAR Reenlistment Program), the effective date of his reenlistment is the day following his TPU ETS date, which in his case was the effective date of the reenlistment on 12 July 2007. His 3 year reenlistment should expire on 11 July 2010. The G-1 official also stated that it was evident that the USAR Career Counselor mistakenly used the Military Service Obligation ending date versus the TPU expiration date to determine the expiration of the reenlistment. The applicant's reenlistment contracted expiration date should be corrected to show 11 July 2010. It is recommended that the applicants contract expiration date be corrected.
4. The opinion was forwarded to the applicant for acknowledgment and/or rebuttal on 2 March 2009 and he concurred on 9 March 2009.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicant's reenlistment documents on 23 April 2007, which resulted in his contract expiration date (ETS) being incorrectly established.
2. A G-1 official stated that the applicant reenlisted in the USAR on 12 July 2001 under a 6X2 enlistment option and his TPU expiration date was established as 11 July 2007. The applicant reenlisted on 23 April 2007, with an effective date of reenlistment of the day following his TPU expiration date; i.e.,12 July 2007. The reenlistment contract shows his contract expiration date was erroneously established as 11 July 2012. His reenlistment contract should show his contract expiration date as 11 July 2010.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
___x__ ____x___ ____x__ 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 amending the individuals reenlistment contract, dated 23 April 2007, to show that he reenlisted in the USAR for 3 years effective 12 July 2007 and that his ETS date is 11 July 2010.
_______ _ _x______ ___
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.
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