IN THE CASE OF:	  

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090021973 


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 his last extension in the U.S. Army Reserve (USAR), dated 11 January 2009 be cancelled and removed from his records.  He also requests the issuance of an antedated DD Form 4 (Enlistment Reenlistment Document) for a period of 3 years effective on the original expiration of his term of service (ETS) date, 9 October 2009.

2.  The applicant states that he was informed by his unit that he had to execute a 4-month extension in the USAR in order to attend Duty Military Occupational Skill Qualification (DMOSQ) for military occupational specialty (MOS) 42A (Human Resources Specialist) to satisfy the time in service (TIS) requirements for his assignment to the 310th Expeditionary Sustainment Command (ESC).  However, he later found out that the TIS requirement had already been waived by the U.S. Army Reserve Command (USARC) and that his extension in the USAR was unnecessary.  Had he not extended, he would have qualified for a reenlistment bonus based on a 3-year reenlistment. 

3.  The applicant provides a copy of his DA Form 4836 (Oath of Extension of Enlistment or reenlistment), dated 11 January 2009; a copy of his DD Form 4, dated 10 January 2001; a copy of Orders 09-211-00001, issued by Headquarters, 88th Regional Support Command, Fort McCoy, WI, on 30 July 2009; a copy of a sworn statement, dated 24 November 2009, from his career counselor; and a copy of the USARC Memorandum, dated 8 December 2004, in support of his request.


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the USAR for a period of 8 years under the Delayed Entry Program (DEP) on 10 October 2001.  He was discharged from the DEP on 7 November 2001 and he subsequently enlisted in the Regular Army for a period of 4 years on 8 November 2001.  He held MOS 94E (Radio and Communications Security Repairer).

2.  He was honorably released from active duty on 31 October 2007 and he was transferred to the USAR Control Group (Individual Ready Reserve) for completion of his Reserve obligation.

3.  On 11 January 2009, he executed a 4-month extension of his initial 8-year USAR enlistment, under Rule J, Table 3-1, Army Regulation 140-111 (U.S. Army Reserve Enlistment Program).  Rule J of Table 3-1 states that a Soldier may be extended for the period of time necessary to meet the service remaining requirements when that Soldier had been selected for attendance at a military school or training course.  This extension changed his ETS date from 7 November 2009 to 7 March 2010.

4.  On 13 June 2009, he successfully completed MOS 42A training (31 May 2009 to 13 June 2009) and on 22 June 2009, he was promoted to sergeant/E-5.

5.  On 30 July 2009, he was awarded primary MOS 42A and secondary MOS 94E.

6.  On 2 March 2010, he executed a 3-month extension of his initial 8-year USAR enlistment, under Rule M, Table 3-1, Army Regulation 140-11.  Rule M of Table 3-1 states that a Soldier may be extended for a period not to exceed 3 months when that Soldier is not eligible for reenlistment for reasons cited in this regulation or other directives; however, the disqualification is under adjudication pending a final determination, or may be waivable, and it is apparent the Soldier’s ETS will occur before adjudication or waiver processing can be finalized.

7.  His career counselor submitted a sworn statement, dated 24 November 2009, wherein he states that the applicant's intent had been to reenlist for a period of 3 years and that he extended him for 4 months under Rule J because his unit required him to extend.  This extension put him beyond his military service obligation (MSO) and thus moved him from a first term status to career status for the purpose of reenlistment.  However, the career counselor later learned that USARC had waived TIS requirements for DMOSQ training.  Since his MSO expired on 9 October 2009 (8 years from the date he enlisted in the DEP), he would have been eligible for a $5000.00 reenlistment bonus on that date.  But, since he only extended, he was eligible for half that amount. 

8.  Office of the Deputy Chief of Staff (DCS), G-1, memorandum, dated 23 November 2004, Subject: Exception to Policy Regarding Ready Reserve Obligation Upon Completion of Training, waived the TIS requirement upon completion of training for Ready Reserve Soldiers provided they are otherwise qualified.   This policy was further clarified on 4 March 2009 to show the waiver applies to TIS requirements subsequent to MOS training only. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was improperly counseled with respect to the need to extend his enlistment contract in order to meet the DMOSQ training.  Accordingly, he executed a 4-month extension on 11 January 2009 followed by a 3-month extension on 2 March 2010.

2.  Since the DCS, G-1, approved a waiver of TIS requirements for Ready Reserve Soldiers who attend training, the applicant's 4-month extension, and his later 3-month extension, were not required.  He should have been allowed to reenlist in the USAR, provided he was otherwise qualified.  Considering he was allowed to extend twice, it appears he was otherwise qualified.

3.  Therefore, to improve unit cohesion through continuity and retain a high level of combat readiness, his 2 extensions should be cancelled and the forms should be removed from his records.  He should also be issued an antedated 3-year reenlistment (DD Form 4) in the USAR, effective 10 October 2009, with all the reenlistment incentives applicable on that date. 

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.  voiding his DA Forms 4836 dated 11 January 2009 and 2 March 2010; and

	b.  granting him an antedated reenlistment for a period of 3 years effective on 10 October 2009 with all the reenlistment incentives applicable on that date.




      _______ _   _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)                                         AR20090021973





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ABCMR Record of Proceedings (cont)                                         AR20090021973



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