IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015223 


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 Section B item 8 (Agreements) of her DD Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States), dated 18 July 2008, be corrected by deleting the current period of enlistment of 6 years and 00 weeks and replacing it with the period "3 years and 00 weeks."  In addition, she requests that her prior active/inactive military service be added to Section A, item 7 (Previous Military Service Upon Enlistment -Reenlistment).

2.  The applicant states, in effect, that her retention noncommissioned officer (NCO) misinformed her on the number of years she was to enlist.  She states her contract does not show prior active/inactive military service.  She was told that she only had three options as far as terms of service were concerned 4, 6, or 
8 years and that if she wanted to keep her G.I. Bill she would have to serve at least 6 years.  She later found out that she was given erroneous information at the time of her enlistment. She tried to get her contract fixed but she has been unsuccessful.

3.  The applicant provides three DD Forms 4/1 dated 22 March 2003, 
11 November 2005, and 18 July 2008; a DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 November 2003; and a letter of support from an Army Reserve Career Counselor.




CONSIDERATION OF EVIDENCE:

1.  Section B of the applicant's DD Form 4/1, dated 22 March 2003, shows in item 8 that she initially enlisted in the U.S. Army Reserve (USAR) for 8 years and 00 days.  

2.  The applicant's DD Form 214 for the period ending 7 November 2003 shows she was released from active duty for training (ADT).  Item 12c (Net Active Service this Period) shows the entry "0000" year(s), "04" month(s), and
"15" day(s) and item 12e (Total Prior Inactive Service) shows the entry "0000" year(s), "03" month(s), and "01" day(s).

3.  Headquarters, 80th Division Institutional Training Orders 05-325-00011, dated 21 November 2005, show that the applicant enlisted in the Virginia Army National Guard (VAARNG) on 11 October 2005 for 6 years.

4.  Section A of the applicant's current DD Form 4/1, dated 18 July 2008, shows in item 7a (Total Active Military Service) the entry "0" years, "0" months, and "0" days; and item 7b (Total Inactive Military) shows the entry "0" years, "0" months, and "0" days.  Section B shows in item 8 the applicant reenlisted in the USAR for 6 years and 00 weeks.  

5.  The applicant's records show that prior to her enlistment in the USAR on 
18 July 2008, she had served 4 months and 15 days in an ADT status; and
4 years, 11 months, and 10 days in the VAARNG.

6.  In connection with the processing of this case, an advisory opinion was obtained from a Senior Army Reserve Career Counselor, Deputy Chief of Staff, G-1.  This official recommended that the applicant be provided administrative relief and that her term of enlistment be changed to 3 years.  The Senior Army Reserve Career Counselor stated that the applicant enlisted in the USAR on
18 July 2008 for 6 years.  At the time of her enlistment the applicant was on her initial contract (22 March 2003) which would not have expired until 21 March 2011.  The applicant should have been processed in accordance Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), chapter 5-19 through 5-23.  This official further stated that Army Regulation 601-210 states, "AR enlistment agreements authorized under this section will be for terms of 1, 2, 3, 4, 5, 6, 7, or 8 years."  The applicant should have been offered to contract for the remaining obligated years, which would have been a 3-year contract.

7.  On 1 February 2010, the applicant concurred with the G-1 advisory opinion. 
8.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA and the Army Reserve.  Chapter 5 contains guidance on enlistment processing.  Paragraph 
3-15 provides guidance on authorized enlistment periods for prior service applicants.  It states, in pertinent part, that prior service members may enlist in the USAR for a period between 1 and 8 years. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the term of service entered on her enlistment contract was in error, and the supporting documents she submitted, were carefully considered.  By regulation, prior service enlistment applicants may enlist in the USAR for a period between 1 and 8 years.  In this case, the evidence of record shows that the applicant was misinformed during the preparation of her enlistment contract, which resulted in an incorrect term of service being shown on her DD Form 4/1.

2.  As confirmed by the G-1 advisory opinion, the applicant's retention NCO gave her misinformation that resulted in her term of enlistment being 6 years instead of 3 years.  As a result, it would be appropriate, in the interest of justice and equity, to correct the applicant's 18 July 2008 DD Form 4/1 to reflect her term of enlistment as 3 years and 00 weeks.  

3.  Evidence of record shows prior to the applicant's enlistment on 18 July 2008, she served 4 months and 15 days ADT and 4 years, 11 months, and 10 days of inactive military service in the VAARNG.  Therefore, her DD Form 4/1 should be corrected to show 4 months and 15 days of active military service and 4 years, 11 months, and 10 days of inactive military in items 7a and 7b.

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:

   a.  amending her DD Form 4/1, dated 18 July 2008, to show that she enlisted in the USAR for 3 years and 00 weeks instead of 6 years and 00 weeks as is currently shown; 
   
   b  deleting the current entry in Section A, item 7a of her DD Form 4/1 and adding 4 months and 15 days; and 
   
   c.  deleting the current entry in Section A, item 7b of her DD Form 4/1 and adding 4 years, 11 months, and 10 days.



      _______ _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.

ABCMR Record of Proceedings (cont)                                         AR20090015223



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ABCMR Record of Proceedings (cont)                                         AR20090015223



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