IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110013224
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 he be granted an age waiver to allow for reenlistment in the Army Reserve (USAR).
2. The applicant states he had completed all requirements for reenlistment however, three days before he was to be sworn in, it was discovered he was too old to reenlist.
3. The applicant provides a copy of an Army Human Resources Command (HRC) letter to the applicant's United States Senator.
CONSIDERATION OF EVIDENCE:
1. The applicant was born in 1958. He served on active duty in the Regular Army from 26 October 1977 through 24 October 1980, 2 years, 11 months, and 29 days. He was honorably released from active duty, in pay grade E-4, by reason of completion of his required active duty service. At this time he was transferred to the USAR Control Group (Reinforcement) to complete his period of obligated service. There is no evidence that he completed any active service in the USAR. Upon completion of this period, he was honorably discharged on
25 October 1985.
2. At an undocumented point prior to May 2010, the applicant applied to reenlist in the USAR. The available records do not contain any documentation of the processing of this request.
3. In his statement, the applicant indicates that after completing all administrative and physical examinations and testing for enlistment, but three days before being sworn in, he was notified that he was no longer eligible due to his age.
3. The HRC letter to the applicant's senator states that the applicant's records were not available to them and the applicant needed to contact the Army Review Board Agency and request reinstatement and an age waiver.
4. Army Regulation 140-111 (Army Reserve Reenlistment Program) states that if an applicant is unable to complete 20 qualifying years of service for retired pay by age 60 they are disqualified from reenlistment. This is nonwaiverable administrative disqualification.
DISCUSSION AND CONCLUSIONS:
1. Although the term reinstatement is used by both HRC and the applicant, the applicant is not actually asking for reinstatement but rather that he be granted an age waiver to reenlist in the USAR.
2. The applicant is 54 years old with only 2 years, 11 months and 29 days of prior active duty service and no USAR qualifying years of service. He cannot complete 20 years of qualifying service by age 60.
3. While it is regrettable that he was not notified of his ineligibility at the time he initiated his application for reenlistment, the applicant has not provided any evidence that he possesses any skills or abilities that would warrant a consideration granting him an age waiver or an exception to policy to the age/service requirements for a USAR reenlistment.
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) AR20110013224
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ABCMR Record of Proceedings (cont) AR20110013224
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