IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100012305
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 term of enlistment on his 25 June 2009 reenlistment contract be changed from INDEFINITE to 6 years.
2. The applicant states he is a military technician and he reenlisted while he was at Camp Victory, Iraq. He had 11 years, 10 months, and 21 days of service in the U.S. Army Reserve (USAR). He states he was incorrectly told he would have to do an indefinite reenlistment. According to a memorandum from the Office of the Deputy Chief of Staff he should have been given the option of reenlisting for 3 years, 6 years, or an indefinite period of time. He received a bonus that he would have received for a 6-year reenlistment. This indefinite reenlistment could result in him not being eligible for any future bonuses.
3. The applicant provides copies of:
* Office of the Deputy Chief of Staff, G-1 memorandum, dated 10 January 2008
* his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* his DD Form 4/1 series (Enlistment/Reenlistment Document, Armed Forces of the United States)
* his DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment)
* his USAR Form 130-R (Reenlistment Eligibility Worksheet)
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he initially enlisted in the USAR on 4 August 1997. He reenlisted on 1 August 2003 for 6 years and extended this enlistment for 6 months.
2. The applicant was promoted to staff sergeant/pay grade E-6 effective
1 August 2006. He was deployed to Kuwait/Iraq from 3 June 2009 to
12 February 2010.
3. On 25 June 2009, the applicant reenlisted for an indefinite period. He signed and dated the DD Form 4/1. In item 2 (Remarks) of Section XII of his
DA Form 3540, the applicant initialed paragraph 2a, indicating he was reenlisting for an indefinite period for a bonus amount of $10,000.
4. A memorandum from the Office of the Deputy Chief of Staff, G-1, dated
10 January 2008, provided a change to the USAR Indefinite Reenlistment Program. According to the memorandum, Troop Program Unit (TPU), Individual Mobilization Augmentee (IMA), and Individual Ready Reserve (IRR) Soldiers holding the rank of staff sergeant through command sergeant major eligible to reenlist and who had at least 10 years of total military service at the end of their current contract, may reenlist for 3 years, 6 years, or an indefinite period of time.
5. In the processing of this case, an advisory opinion, dated 7 September 2010, was provided by the Office of the Deputy Chief of Staff, G-1. G-1 recommended the applicant's request be denied. G-1 stated that as a military technician, he would have been one of the first to know about changes to policy. Prior to his reenlistment he initiated a 6-month extension in order to deploy and be eligible for the reenlistment bonus. G-1 stated the career counselor did everything correctly and the applicant initialed all appropriate locations on the contract indicating that he understood the reenlistment contract.
6. The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal; however, the applicant has not responded.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his reenlistment contract, dated 25 June 2009, should be changed from indefinite to 6 years. He contends he was incorrectly told he had to reenlist for the indefinite period.
2. The applicant has not provided any substantive evidence to support his contention that he was improperly counseled prior to his reenlistment.
3. The change in the reenlistment policy providing for a 3 year, 6 year, or indefinite period of reenlistment for TPU, IMA, and IRR Soldiers was published over a year prior to the applicant's deployment and reenlistment. The advisory opinion from G-1 stated the applicant, as a military technician, would have been one of the first to know about a change to policy.
4. In view of the above, there is an insufficient basis on which to change the applicant's reenlistment contract.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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 that 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) AR20100012305
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