IN THE CASE OF:
BOARD DATE: 04 SEPTEMBER 2008
DOCKET NUMBER: AR20080010655
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 that his reenlistment contract dated 14 September 2006 be voided.
2. The applicant states that he was told by his reenlistment counselor that he was eligible to reenlist in September 2006, so he reenlisted on 14 September 2006 for a period of 6 years, a $15,000 reenlistment bonus and the Student Loan Repayment Program for $10,000. He goes on to state that when he did not receive his bonus, his unit administrator submitted a pay inquiry and was told that he would not receive a bonus because his contract was not valid because he was ineligible to reenlist until February 2008. He continues by stating that he again reenlisted in February 2008 and when he again did not receive his bonus, he was told that the previous contract was still in the system and that until it was voided, his new contract could not be honored.
3. The applicant provides copies of his enlistment and reenlistment contracts.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Army Reserve (USAR) under the delayed entry program (DEP) on 7 February 2001. On 21 June 2001, he enlisted in the Regular Army for a period of 4 years, assignment to Fort Polk, Louisiana and training as a signal support specialist and the Army College Fund.
2. He successfully completed his training and was transferred to Fort Polk. He deployed to Iraq in support of Operation Iraqi Freedom on 26 April 2003, was promoted to the rank of sergeant on 1 February 2004, and departed Iraq on 8 July 2004.
3. On 20 June 2005, he was honorably released from active duty at Fort Polk, due to completion of required service. He had served 4 years of total active service and was transferred to a USAR Troop Program Unit in Houston, Texas. He was promoted to the pay grade of E-6 on 1 December 2005.
4. On 14 September 2006, he reenlisted for a period of 6 years, a $15,000 reenlistment bonus and the Student Loan Repayment Program for $10,000.
5. On 19 February 2008, he again reenlisted for a period of 6 years, a $15,000 reenlistment bonus and the Student Loan Repayment Program for $10,000.
6. In the processing of this case a staff advisory opinion was obtained from the Department of the Army, Office of the Deputy Chief of Staff, G1 which opines, in effect, that the applicant was eligible to reenlist in the USAR 1 year from his expiration of term of service (ETS) date of 6 February 2009. His reenlistment contract executed on 14 September 2006 was done 2 years, 4 months and 22 days outside of the reenlistment window and thus is erroneous and should be voided. Officials at that agency opined that the applicants 14 September 2006 contract should be voided and his current contract dated 19 February 2008 should be honored. The advisory opinion was provided to the applicant for comment and he concurred with the opinion as written.
7. A review of the applicants records fails to show any action being taken in regards to voiding the applicants 14 September 2006 reenlistment.
8. Army Regulation 135-178, Enlisted Administrative Separations for Army National Guard and USAR Personnel, provides in pertinent part, that when it is discovered that a Soldier received a written enlistment or reenlistment commitment from recruiting or retention personnel which the Soldier was qualified, but which cannot be fulfilled by the Army, the unit commander will initiate action through the chain of command to the separation authority to retain, discharge or release the Soldier as appropriate.
DISCUSSION AND CONCLUSIONS:
1. Although there is no evidence that the applicants chain of command took the appropriate action to void his 14 September 2006 reenlistment when it discovered that the applicant was not eligible to reenlist at the time he executed his contract, it would be in the interest of justice and fairness to the applicant for the Board to void his 14 September 2006 reenlistment contract at this time in order for the applicant to receive the benefits associated with his properly executed reenlistment contract of 19 February 2008.
2. Therefore, in order to avoid any further delay in payment of the applicants benefits, his reenlistment contract dated 14 September 2006 should be voided in his officials records as if it never occurred.
3. Accordingly, he should be paid the benefits associated with his reenlistment of 19 February 2008 as expeditiously as possible.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 voiding his 14 September 2006 reenlistment contract and replacing it with his
19 February 2008 reenlistment contract.
2. The Board wants the applicant and all others to know that the sacrifices he makes in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ 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.
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