IN THE CASE OF:	  

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110020456 


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 the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) that she executed on 3 February 2010 be voided and removed from her military service records.

2.  The applicant states the DA Form 4836 was erroneously completed because she was required to reenlist rather than extend her enlistment and the form contains incorrect service dates.

3.  The applicant provides copies of her reassignment orders, an Enlisted Affiliation Bonus Agreement, DA Form 4386, and two email messages.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) and allied documents show the applicant:

	a.  enlisted in the U.S. Army Reserve (USAR) on 13 December 2004 for a period of 8 years;

	b.  was discharged from the USAR on 10 January 2005; and

	c.  enlisted in the Regular Army (RA) on 11 January 2005 for a period of
5 years.

2.  The applicant served in Iraq from 6 July 2006 to 10 October 2007.
3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she entered active duty on 11 January 2005, was honorably released from active duty (REFRAD) on 10 January 2010, and transferred to the USAR Control Group (Individual Ready Reserve).  She completed 5 years of active service.

4.  A review of the Integrated Personnel Electronic Records System (iPERMS) and the Interactive Web System (IWS) maintained by the U.S. Army Human Resources Command failed to show the DA Form 4836 the applicant executed on 3 February 2010 is filed in her military personnel records.

5.  In support of her request the applicant provides the following documents.

   a.  U.S. Army Human Resources Command, St. Louis, Missouri, Orders
C-01-001291, dated 27 January 2010, that released the applicant from the USAR Control Group (Reinforcement) and assigned her to Detachment 1 (Combat), 372nd Military Police Company, Fort Meade, MD, effective 26 January 2010.

	b.  A Written Agreement - Enlisted Affiliation Bonus, dated 26 January 2010, that shows in:

	 	(1)  Section IV (Obligation):  "In order to complete the terms of this written agreement, I understand that I may be required to reenlist to meet the service requirement of the Affiliation Bonus.  The reenlistment agreement will be executed at my unit of assignment prior to processing the Affiliation Bonus incentive."

	 	(2)  Section V (Entitlement):  "I am eligible for an Affiliation Bonus by affiliating from active duty, Individual Ready Reserve status, or as a prior service applicant into a USAR Selected Reserve unit for 3 years in the amount of $5,000.00."

	 	(3)  The applicant and a service representative signed the document on
26 January 2010.

	c.  A DA Form 4836 shows in:

	 	(1)  Item 7 (Current DD Form 4-Series) the applicant:

* enlisted on 13 December 2004 for a term of 8 years
* the number of extensions previously granted was zero "0" 
* Expiration of Term of Service (ETS):  10 January 2013
* Pay Entry Basic Date (PEBD):  11 January 2005
	 	(2)  Item 8 (Provisions and Computation of this Extension):  

* current ETS:  10 January 2013
* period of this extension:  3 months
* new ETS:  10 April 2013

	 	(3)  Item 9 (Authority and Reason for this Extension):  Army Regulation 140-111 (U.S Army Reserve Reenlistment Program), Table 3-1 (Authorized Reasons and Periods of Extension), Rule CC.

	 	(4)  The Oath of Extension shows the applicant voluntarily extended her current enlistment agreement for a period of 3 months.  The applicant and a commissioned officer signed the document on 3 February 2010.

	d.  Two email messages that show:

	 	(1)  On 15 September 2011, an Army official indicated that the applicant:

* was not authorized an affiliation bonus because she was required to  reenlist for 1 year upon assignment and failed to do so
* the extension she executed does not meet that requirement
* payment of the bonus would require an exception to policy from the U.S. Army Reserve Command, G-1

	 	(2)  On 30 September 2010, an Army Reserve Career Counselor indicated:

* the applicant's original extension was accomplished based on her PEBD (i.e., 11 January 2005) not her Date of Initial Entry into Military Service (DIEMS) (i.e., 13 December 2004)
* the period of extension was for 3 months, making her ETS 13 April 2013; however, she should have reenlisted for 1 year to qualify
* the extension was done incorrectly and should not have been done

6.  In the processing of this case, an advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1, Pentagon, Washington, DC.
	
   a.  The advisory official notes that the ETS date used in item 7 of the DA Form 4836 should read 12 December 2012 (vice 10 January 2013) and Rule CC of Table 3-1 should not have been used.

	b.  At the time of the extension, the applicant had over 32 months remaining  on her military service obligation (MSO) of 12 December 2012.  Therefore, no extension was required and the career counselor was not authorized to execute an extension or reenlistment.
   
	c.  The advisory official recommends the extension be voided because the applicant was not eligible for an affiliation bonus.

7.  On 27 March 2012, the applicant was provided a copy of the advisory opinion in order to allow her the opportunity to submit comments or a rebuttal.  To date, the applicant has not provided a response.

8.  Army Regulation 140-111, chapter 3, provides policy and guidance for extending enlistment or reenlistment agreements to meet length-of-service
requirements.

	a.  Paragraph 3-3 provides that by voluntarily enlisting in the Delayed Entry Program (DEP) and knowingly incurring the statutory MSO, the Soldier contractually agrees to serve in the military service for the term of the statutory obligation.  Therefore, the Soldier serves under a contractual obligation that runs concurrent with the statutory obligation. The Soldier is discharged from the DEP enlistment when he or she enlists in the RA.  However, this does not alter or terminate the contractual agreement to serve in the armed forces for the 6-year or 8-year term of the statutory obligation.  The terms of the statutory obligation cannot be extended except as provided in law.  However, the terms of the contractual obligation which runs concurrent with the statutory obligation can be voluntarily extended by the procedures outlined in this regulation.

	b.  Paragraph 3-7 provides that where a Soldier contests or disagrees with the changes to his or her extension documents, the Soldier will be notified of his or her right to submit an application to the Army Board for Correction of Military Records.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF.  This document states that only those documents listed in Table 2-1 (Composition of the Official Military Personnel File (OMPF)).  Chapter 2 (OMPF) provides that once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from the OMPF unless directed by the custodian of the OMPF (Commander, U.S. Army Human Resources Command) or Army Board for Correction of Military Records.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DA Form 4836 she executed on 3 February 2010 should be voided and removed from her military service records because it was erroneously completed.

2.  Records show the applicant enlisted in the USAR on 13 December 2004 for a period of 8 years and incurred an MSO through 12 December 2012.

	a.  She served in the RA from 11 January 2005 through 10 January 2010 and was transferred to the USAR Control Group (Reinforcement).

	b.  On 26 January 2010, the applicant completed an Enlisted Affiliation Bonus Agreement to serve in a USAR Selected Reserve unit for 3 years.  She was then assigned to Detachment 1 (Combat), 372nd Military Police Company, Fort Meade, Maryland. 

	c.  On 3 February 2010, she completed a DA Form 4836 and extended her term of service for a period of 3 months (through 10 April 2013).  However, at the time of the extension, the applicant had over 32 months remaining on her MSO and the extension was not required.  In addition, the career counselor was not authorized to execute an extension or reenlistment and the DA Form 4836 also contained administrative errors.

3.  Therefore, in view of the foregoing, it would be appropriate to void the applicant's DA Form 4836, dated 3 February 2010, removing it from all military service records, and destroying the document.

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 voiding the DA Form 4836, dated 3 February 2010, removing it from all military service records, and destroying the document.




      _______ _  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)                                         AR20110020456



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ABCMR Record of Proceedings (cont)                                         AR20110020456



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