Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090021882
Original file (20090021882.txt) Auto-classification: Approved

		

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20090021882 


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 correction of his DD Form 4 (Enlistment Contract) and related documents to show he enlisted in a troop program unit (TPU) for a period of 6 years and that he enlisted in the Individual Ready Reserve (IRR) for an additional 2 years.

2.  The applicant states he is currently in Afghanistan and desires to reenlist while on this deployment.  However, this error on his original agreement is precluding him from reenlisting.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  At the time of his application the applicant was serving in Afghanistan as a member of the U.S. Army Reserve (USAR).

3.  On 6 April 2004, the applicant enlisted in the USAR for a period of 8 years.

4.  A DA Form 4856 (Developmental Counseling Form), dated 8 December 2009, between the applicant and the Army Reserve Career Counselor, Detachment 88, 4005th US Army Hospital shows:

	a.  the applicant was told he would be serving 6 years in a TPU and 2 years in the IRR (a 6x2 contract);

	b.  the applicant's initial contract shows an 8-year obligation in a TPU;

	c.  the Retention Management Software (RMS) shows the applicant was to serve a 6x2 contract;

	d.  the applicant was counseled about reenlistment prior to deployment and he was advised he would be able to reenlist in the overseas theater; and

	e.  the applicant would be eligible to reenlist on or after 5 April 2009 if on a 6x2 contract.

5.  The RMS printout shows the applicant entered the USAR on 6 April 2004.  His TPU assignment expiration is shown as 5 April 2010.  His expiration of term of service (ETS) is shown as 5 April 2012.

6.  In processing this application, an advisory opinion was obtained from the Deputy Assistant Chief of Staff, G-3 (Operations), US Army Recruiting Command, Fort Knox, Kentucky.  The opinion states, after a review of the applicant's enlistment records, his request for relief should be granted.  The opinion further states that a person who initially enlists in the USAR must do so for a period of 8 years.  There are variable terms of Selected Reserve duty and IRR commitments that may be chosen.  There is absolutely no advantage for a person to elect to serve the full 8 years in the Selected Reserve.  The most common option selected is the 6x2.  It is believed that the counselor simply failed to select the option for which the applicant enlisted.  There is no evidence that this was intentional.  There would be no financial or other benefit gained by the applicant choosing the 8x0 versus 6x2 enlistment option.  The applicant should be granted the relief he is seeking.  The US Army Recruiting Command does not have the authority to administratively change his original agreement.

7.  On 15 June 2010, the applicant responded in agreement with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 4 and related documents should be corrected to show he enlisted for a period of 6 years in a TPU and for an additional 2 years in the IRR.

2.  The available evidence shows the applicant enlisted in the USAR for a period of 8 years.  The RMS shows he opted to serve a period of 6 years in a TPU, which differs from the 8 years indicated in his original agreement.

3.  It now appears that the applicant's original agreement is in error and should be corrected to show he enlisted with a 6x2 option.

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 changing his DD Form 4 and all related documents, where appropriate, to show he enlisted in the USAR and that his obligation was 6 years in a TPU and 
2 years in the IRR.



      _________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)                                         AR20090021882



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021882



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2007 | 20070007709

    Original file (20070007709.txt) Auto-classification: Denied

    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 | CY2014 | 20140009720

    Original file (20140009720.txt) Auto-classification: Approved

    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

    Original file (20100023334.txt) Auto-classification: Approved

    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 | CY2009 | 20090017764

    Original file (20090017764.txt) Auto-classification: Approved

    However, only the following was included with his application: * 25 January 2003 enlistment contract * 4 statements associated with his chain of command supporting a request to amend his reassignment orders to permit no break in TPU assignments * Statement from the 98th Training Division Command Career Counselor * Orders transferring him to the USAR Control Group effective 30 April 2007 * Orders transferring him from the USAR Control Group with a TPU effective 1 May 2007 CONSIDERATION OF...

  • ARMY | BCMR | CY2008 | 20080010035

    Original file (20080010035.txt) Auto-classification: Approved

    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.

  • ARMY | BCMR | CY2009 | 20090005411

    Original file (20090005411.txt) Auto-classification: Denied

    BOARD DATE: 5 November 2009 DOCKET NUMBER: AR20090005411 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his record to show he was eligible for an Enlisted Affiliation Bonus (EAB) in connection with his 6 December 2008 reenlistment in the U.S. Army Reserve (USAR). The evidence of record confirms the applicant did not satisfactorily complete a qualifying active duty tour prior to reenlisting for the affiliation bonus in question.

  • ARMY | BCMR | CY2011 | 20110018855

    Original file (20110018855.txt) Auto-classification: Approved

    The applicant states he met the requirements to be entitled to receive the enlistment bonus and the kicker at the time of his enlistment. The applicant provides: * Self-authored letter * Memorandum from the commander of the South Dakota Army National Guard (SDARNG), Recruiting and Retention Battalion * Request for an exception to policy by the Recruiting and Retention command sergeant major (CSM) * Request for exception to policy from the SDARNG Education Services Officer * SDMEPS Form 11-R...

  • ARMY | BCMR | CY2014 | 20140021126

    Original file (20140021126.txt) Auto-classification: Approved

    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 | CY2010 | 20100008344

    Original file (20100008344.txt) Auto-classification: Approved

    An official at the DCS, G-1 recommended disapproval of her application for payment of the bonus since her AOC was not an authorized critical skill for the SELRES OAB. The evidence of record shows, as she transitioned from active duty to the USAR, the applicant executed an agreement in connection with her request for assignment and agreed to serve in the SELRES in a critical officer skill that is so designated by the Secretary of the Army for a period of 3 years. As a result, the Board...

  • ARMY | BCMR | CY2013 | 20130001575

    Original file (20130001575.txt) Auto-classification: Approved

    However, NGB Policy Number 07-04 was in violation of Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Program Procedures), paragraph E9.1.2.1 that requires a 6x2 enlistment. Even though an ETP has been approved, his military records still require a correction to indicate a 6x2 enlistment contract rather than a 3x5 contract. The applicant signed a 3x5 enlistment contract in the CAARNG on 11 January 2007.