IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100009286
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 his reenlistment contract, dated 23 December 2003, be corrected to show his reenlistment was for 6 years and not indefinite.
2. The applicant states the reenlistment contract in his official military personnel file (OMPF) is erroneous. He contends that the copy of the reenlistment contract he was given provided an expiration of term of service (ETS) of 22 December 2009 and reflected a 6-year obligation. He had no knowledge of the indefinite contract until he inquired about reenlisting. He adds that there is a discrepancy between the two contracts in the way his initials were written.
3. The applicant provides two copies of his 23 December 2003 reenlistment contract with attached annexes, a U.S. Army Human Resources Command (HRC) Integrated Web Services (IWS) print-out, and a letter from the Office of the Inspector General (IG).
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the U.S. Marine Corps, the applicant enlisted in the U.S. Army Reserve (USAR) on 8 January 1996. He was promoted to the rank of staff sergeant (SSG)/E-6 effective 2 October 2000. He is currently serving in the rank of master sergeant/E-8.
2. He reenlisted in the USAR on 23 December 2003. He provides a copy of his reenlistment contract that indicates he reenlisted for a 6-year obligation in a troop program unit (TPU). This copy is not included in his OMPF. He also provided a copy of his 23 December 2003 reenlistment contract that indicates his reenlistment was for an indefinite period in a TPU. This copy is included in his OMPF.
3. Section A-7 (Previous Military Service upon Enlistment/Reenlistment) of his reenlistment contract shows he had 7 months and 12 days of total active military service and 11 years, 4 months, and 4 days of total inactive military service at the time of his 23 December 2003 reenlistment.
4. He provided an HRC IWS print-out, printed on 2 December 2009, which shows his ETS as 22 December 2009. He also provided a letter from the Office of the IG in response to his request for assistance pertaining to his 23 December 2003 reenlistment. In this letter, he was informed that while conducting a thorough inquiry into his request for assistance, the action officer consulted the Office of the Judge Advocate General (JAG) about the issue of the two separate reenlistment packets. The JAG concluded the contract that was signed last would be the valid contract and recommended the applicant present his case to the Reserve center where the contract was signed, coordinate with the appropriate Army agency regarding his OMPF, an/or present his issue to the Army Board for Correction of Military Records (ABCMR).
5. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Senior Army Reserve Career Counselor.
The opinion stated the applicant's indefinite reenlistment contract was done correctly and the Soldier initialed block 8 of the reenlistment contract and several other forms which all state the contract is for an indefinite period. The opinion further stated that this is the only contract in the Soldier's record and recommended his request be denied.
6. The advisory opinion was provided to the applicant for his comments and/or rebuttal. No response was received.
7. Army Regulation 140-111 (USAR Reenlistment Program), paragraph 2-3, provides that the Secretary of the Army may accept USAR Soldiers for an unspecified or indefinite term of service. All USAR enlisted Soldiers are required to enlist for an indefinite term unless exempted elsewhere in this regulation or other regulations.
8. Army Regulation 140-111 further states that TPU, Individual Mobilization Augmentation, and Individual Ready Reserve Soldiers in the grades of SSG through command sergeant major eligible to reenlist in accordance with the provisions of this chapter and who have at least 10 years of total military service at the end of their current enlistment may reenlist for an unspecified period of time.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his 23 December 2003 reenlistment contract should be corrected to show his reenlistment was for 6 years and not indefinite has been carefully considered.
2. At the time of his reenlistment, he was an SSG with more than 10 years of total military service. Therefore, under the regulatory guidance he was required to reenlist for an unspecified or indefinite period of time.
3. He contends the reenlistment document found in his OMPF is erroneous because the copy given to him reflects a 6-year obligation; however, other than his argument, he did not provide sufficient evidence to substantiate his claim. Therefore, it appears the reenlistment document found in his OMPF is correct and there is no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100009286
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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