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ARMY | BCMR | CY2008 | 20080013267
Original file (20080013267.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       2 JUNE 2009

		DOCKET NUMBER:  AR20080013267 


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 the expiration of term of service (ETS) date reflected on his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) dated 19 February 2008 be corrected to show his ETS date of 21 February 2014.

2.  The applicant states, in effect, that he was a first term Soldier who reenlisted prior to the end of his 6-year contractual obligation and his reenlistment should have added only 4 years to his obligation instead of 6 years.  He goes on to state that his ETS date should be 21 February 2014 instead of 21 February 2016.

3.  The applicant provides copies of both of his enlistment and reenlistment contracts.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the United States Army Reserve (USAR) on 22 February 2002 for a period of 8 years, training as a construction equipment repairer, and a cash enlistment bonus.  His contract specified that he must spend 6 years in a troop program unit (TPU).  He successfully completed his training at Fort Leonard Wood, Missouri, and was returned to his USAR unit.  His ETS at that time was 21 February 2010.  His TPU expiration date was 21 February 2008.

2.  He was promoted to the pay grade of E-5 on 16 September 2006.  On 19 February 2008 he reenlisted for a period of 6 years and a reenlistment bonus.  His reenlistment contract indicates that the reenlistment would become effective the day following his current ETS date of 22 February 2010 and that his new ETS date is 21 February 2016.

3.  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 pertinent part, that the applicant's effective date of reenlistment was 22 February 2008, the date following his TPU expiration date, and that the USAR Career Counselor mistakenly used the military service obligation ending date instead of the TPU expiration date to determine the expiration of the reenlistment.  Officials at the G1 opine that the applicant's ETS date should be changed to 21 February 2014.

4.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his ETS date on his current reenlistment contract should be changed to 21 February 2014 has been noted and appears to have merit.

2.  The applicant originally enlisted in the USAR on 22 February 2002 for a period of 8 years with the agreement that he would serve 6 years in a TPU, which made his TPU expiration date 21 February 2008.  He reenlisted on 19 February 2008 for a period of 6 years effective the day after his TPU expiration of 21 February 2008.

3.  Accordingly, his reenlistment was effective 22 February 2008 for a period of 6 years making his new ETS 21 February 2014 instead of 21 February 2016 as currently reflected on his records.

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 showing on his DD Form 4 dated 19 February 2008 that his ETS date is 21 February 2014 instead of the date that is currently reflected as 21 February 2016.



      ___________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)                                         AR20080013267



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ABCMR Record of Proceedings (cont)                                         AR20080013267



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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