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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013267
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021126
The applicant requests relief from recoupment of his $15,000 reenlistment bonus (EB). A DA Form 4836, dated 3 June 2014, extended the applicant's enlistment, dated 9 July 2008, of 6 years for 22 months. His bonus addendum and Army Regulation 601-210 are clear that he was required to extend his enlistment within 90 days of his return to an active status on 20 July 2012.
ARMY | BCMR | CY2014 | 20140009720
In the agreement he acknowledged he understood: * he would be suspended from bonus eligibility if he entered a period of non-availability (transferred to the IRR) for a maximum period of 1 year for personal reasons or 3 years for temporary overseas residence, missionary obligations, or overseas employment obligations * he would be terminated from bonus eligibility, with recoupment, if he failed to extend his contracted USAR term of service to compensate for a period of non-availability...
ARMY | BCMR | CY2010 | 20100023334
The applicant requests, in effect: a. to void his U.S. Army Reserve (USAR) reenlistment contract executed on 18 February 2009 which would revert to the terms of his previous USAR reenlistment contract executed on 23 October 2006 or b. to honor the $15,000.00 Selected Reserve Incentive Program (SRIP) bonus associated with the contract executed on 18 February 2009 and paying him all due monies as a result of entering this contract. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces...
ARMY | BCMR | CY2014 | 20140001803
He further states: * he extended on active duty on 17 March 2006 while deployed, thereby establishing a new expiration term of service (ETS) date of 19 October 2009 * he was released from active duty (REFRAD) on 3 December 2006 * he transferred to the Retired Reserve on 1 November 2007 * he transferred from the Retired Reserve to the Individual Ready Reserve (IRR) on 10 June 2009 * he extended his contract in the U.S. Army Reserve (USAR) on 7 October 2009, making his new ETS date 19 June...
ARMY | BCMR | CY2013 | 20130017929
The applicant was given the correct obligation ending date on the STRAP contract he signed on 22 November 2011. With respect to his service obligation date, the DA Form 5685 he signed on 9 November 2011 shows he acknowledged he would be required to serve for 2 years in the USAR for each year, or part thereof, during which he received a stipend under the STRAP as of the date of completion of his STRAP. Although this form showed his service obligation date as 4 June 2016, it should have been...
ARMY | BCMR | CY2007 | 20070007709
The applicant requests, in effect, that her term of service option be changed to show a 6 year active Reserve service obligation with all incentives available to her, at the time or her enlistment. The applicant understood that during the entire time of her membership in the USAR she may, at any time, be involuntarily ordered to active duty as a member of a unit, or as an individual if not assigned to a unit, during a period of selective, partial, full, or total mobilization, or under any...
ARMY | BCMR | CY2007 | 20070012620
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. AR 140-111 governs USAR reenlistment and extension programs. Since the applicant's ETS date is 21 March 2008, it is also appropriate to authorize an antedated extension or a...
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 | DRB | CY2015 | AR20150003025
Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant was transferred to the US Army Reserve Control Group (REINF) on 21 August 2007, upon his ETS from active duty to complete the remainder of his 8-year military service obligation (MSO) from 22 May 2003 to 21 May 2011. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided discharge orders that are under current review. However, at the time of discharge, the applicant received an under other than honorable...
ARMY | BCMR | CY2008 | 20080010035
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. 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. The applicant's reenlistment contracted expiration date should be corrected to show 11 July 2010.