BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100023334 


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:

	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.

2.  He states he initially enlisted in the USAR on 21 June 2001 for a period of 8 years.  The first 6 years of this contract were for assignment to a troop program unit (TPU) and the remaining 2 years were to complete his Reserve service obligation (RSO) in the Individual Ready Reserve (IRR).  His contractual expiration of term of service (ETS) was 20 June 2007 and his RSO ended 20 June 2009.

3.  He states he reenlisted for 3 years on 23 October 2006 with an effective date of 20 June 2007 and with an ETS date of 20 June 2010.  However, his ETS date was entered as 22 October 2009 which was 3 years from the date of execution of the reenlistment contract as opposed to the effective date.

4.  He contends the error was not discovered until January 2010, at which time he was informed he reenlisted outside of his 1-year window.  As a result, he was also told he was not eligible for the $15,000.00 SRIP bonus.  At the time the error was discovered, he and the USAR Career Counselor were going to amend both the effective and expiration dates; however, the SRIP bonus was reduced to $5,000.00 on 9 March 2009.

5.  He states the $15,000.00 SRIP bonus was used as an incentive to get him to reenlist.  He entered into the contract on 18 February 2009, believing it to be true; therefore, he should either be paid according to the terms of the contract or the contract should be null and void.

6.  He provided:

* his initial enlistment contract
* two reenlistment contracts with addenda, dated 23 October 2006 and 18 February 2009, respectively
* a DA Form 4856 (Developmental Counseling Form)
* a USAR Form 80-1-R (Reenlistment Bonus Control Worksheet)
* a USAR Form 130-R (Reenlistment Eligibility Worksheet)
* a Recruiter Eligibility Data Display (REDD) Request Data Report
* a memorandum, dated 3 March 2009
* an excerpt from Army Regulation 140-111 (USAR Reenlistment Program)

CONSIDERATION OF EVIDENCE:

1.  His military personnel record shows he enlisted in the USAR on 21 June 2001 for a period of 8 years.  He reenlisted on 23 October 2006 for 3 years and again on 18 February 2009 for 6 years.  He is currently serving in the USAR as a staff sergeant in a TPU in Ohio.

2.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 23 October 2006, contains the following information:

* item 5 (Date of Enlistment/Reenlistment) – 23 October 2006
* item 8 (Branch of Service/Period) – USAR for 3 years
* item 8b (Remarks) –

* reenlistment in a TPU in accordance with Army Regulation 140-111, chapter 6
* Bonus Control Number (BCN):  CFTF0725174
* "I understand that the effective date of my reenlistment is 1 day following my current ETS date of 20070620 [20 June 2007]; therefore, the effective date is 20070621 [21 June 2007].  I further understand the 


bonus payments will begin on the execution date.  This contract expires on 20100620 [20 June 2010]."

3.  A DA Form 5261-2-R (SRIP – Reenlistment/Extension Bonus Addendum) Amendment for the contract executed on 23 October 2006 shows he received a $7,500.00 first 3-year reenlistment bonus under BCN:  CFTF0725174.

4.  He provided a DA Form 4856, dated 24 January 2009, wherein his ETS date is shown as 22 October 2009.

5.  He also provided a USAR Form 130-R prepared on 9 February 2009 which shows 11 February 2009 in item 1 (Determine Soldier's Earliest Date of Reenlistment).

6.  The USAR Form 80-1-R he provided shows:

* item 7 (Term on Contract) – 6 years
* item 8 (Amount) – $15,000.00
* item 9 (Pay Entry Basic Date) – 21 October 2001
* item 10 (ETS) – 22 October 2009
* item 17 (Scheduled Reenlistment Date) – 11 February 2009

7.  A REDD Request Data Report prepared on 11 February 2009 shows his retirement year beginning date as 25 June 2001 and retirement year ending date as 22 October 2009.

8.  The DD Form 4 he executed on 18 February 2009 shows the following:

* item 5 – 18 February 2009
* item 8 – USAR for 6 years
* item 8b –

* reenlistment in a TPU in accordance with Army Regulation 140-111, chapter 6
* BCN:  W06C01000710
* "I understand that the effective date of my reenlistment is 1 day following my current ETS date of 20091022 [22 October 2009]; therefore, the effective date is 20091023 [23 October 2009].  I further understand the bonus payments will begin on the effective date.  This contract expires on (ETS) 20151022 [22 October 2015]."

9.  A DA Form 5261-2-R, dated 18 February 2009, indicates he reenlisted for 6 years in military occupational specialty (MOS) 52C (Utilities Equipment Repairer) with a bonus amount of $15,000.00 in accordance with the USAR SRIP list.  This form was authenticated by him and the USAR Career Counselor, a sergeant first class, on 18 February 2009.

10.  He provided a memorandum from Headquarters, USAR Command, dated 9 March 2009, subject:  SRIP Change for Reenlistment Bonus.  This document shows the bonus amount for a career/6-year reenlistment in MOS 52C was reduced to $5,000.00 effective 6 March 2009.

11.  On 20 October 2010, the Department of the Army Office of the Deputy Chief of Staff, G-1, Senior Army Reserve Career Counselor rendered an advisory opinion.  The opinion stated the applicant's reenlistment eligibility period would have started after 20 June 2009 and, as a result, his reenlistment contract which was executed on 18 February 2009 is not valid.  Therefore, his request to vacate this contract should be approved.

12.  On 22 October 2010, a copy of the advisory opinion was sent to the applicant for comment and/or rebuttal; however, he did not provide a reply.

13.  Army Regulation 140-111 prescribes the policies, responsibilities, and procedures for the USAR Reenlistment Program and provides guidance for commanders and reenlistment and retention personnel in conducting the USAR Reenlistment Program.

14.  Table 2-3 of Army Regulation 140-111 outlines the requirements for reenlistment under the SRIP.  It states that to qualify for a reenlistment incentive under the SRIP, a Soldier is restricted to reenlistment when he or she is within 12 months of the expiration of the current USAR service agreement, including any extensions thereof.  As an exception, a member who has completed the Selected Reserve (SELRES) contractual obligation of an enlistment option and has remained assigned to a unit (in lieu of transfer to the IRR) may reenlist for continued SELRES service at any time prior to the completion of the statutory military service obligation.  The term of service may be for 3, 4, 5, or 6 years.  However, the selected term of service must be equal to or greater than the remaining statutory obligation by whole years.  In addition, the member may, if eligible, participate in the SRIP provided he or she meets all qualifications and requirements.

DISCUSSION AND CONCLUSIONS:

1.  His request to either have his 18 February 2009 reenlistment contract fully honored by paying him the $15,000.00 SRIP bonus or to completely void the contract was carefully considered.

2.  It is apparent that an administrative error occurred which resulted in his ETS date being entered in the system as 22 October 2009 instead of 20 June 2010.  Based upon this erroneous entry, his USAR Career Counselor prepared a reenlistment contract with BCN W06C01000710 entitling him to a $15,000.00 SRIP bonus.

3.  On 18 February 2009, he reenlisted for 6 years in a TPU in accordance with Army Regulation 140-111, chapter 6, with the belief that he would receive the $15,000.00 bonus as indicated in the USAR Reenlistment Bonus Written Agreement Form.  The 18 February 2009 reenlistment date is within the 
12-month window of eligibility based on the erroneous ETS date of 22 October 2009.  However, based on his actual ETS date of 20 June 2010, he was outside his 12-month window of eligibility for reenlistment.  His official reenlistment eligibility period would have started 20 June 2009.  Therefore, the contract executed on 18 February 2009 was not valid and, as a result, the contract should be vacated.

4.  Based upon the applicant's two-option request, of which voiding the contract executed on 18 February 2009 is one of the two options, it would be appropriate to void the contract and to allow him to separate within 120 days of the date of the Board's decision.  An entry should be made in his record which shows he was retained beyond his normal ETS for the convenience of the government.

5.  Or, if the applicant desires to reenlist instead of separate, he should be offered the option to reenlist under current policies within 120 days of the date of this Board decisional document.

BOARD VOTE:

___x_____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the reenlistment contract executed on 18 February 2009 and allowing him to separate within 120 days of the date of this Board decisional document and showing he was retained in the USAR for the convenience of the government from the date of his ETS under the reenlistment contract executed on 23 October 2006 to the date of his separation; or

	b.  if he desires to reenlist, offering him the option to reenlist under current policies with 120 days of the date of this Board decisional document and showing he was retained in the USAR for the convenience of the government from the date of his ETS under the reenlistment contract executed on 23 October 2006 to the date of his reenlistment under this decision.



      ___________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)                                         AR20100023334



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ABCMR Record of Proceedings (cont)                                         AR20100023334



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