IN THE CASE OF:	  

		BOARD DATE:	    17 May 2012

		DOCKET NUMBER:  AR20110021746 


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 correction of U.S. Army Reserve (USAR) Personnel Command (AR-PERSCOM) Orders D-07-136502 to show the effective date of his discharge from the USAR Control Group (Reinforcement) as 14 December 1997 instead of 31 July 2001. 

2.  He states the error is the result of lack of attention by administrative personnel producing the discharge/separation orders.  He states he served continuously; i.e., without a break from 15 October 1983 until his expiration term of service (ETS) on 14 December 1997, for a total of 14 years and 2 months of service prior to his reenlistment on 20 November 2009.  The Army claims he had more than 18 years of service at the time of his 2009 reenlistment.  This error is preventing him from receiving payment for a prior service enlistment bonus.

3.  He provides:

* his DD Form 4 (Enlistment/Reenlistment Document), dated 15 October 1983
* a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 22 April 1986
* his DD Form 4, dated 14 July 1991
* a DA Form 4836, dated 22 April 1986
* AR-PERSCOM Orders D-07-136502
* a photocopy of handwritten service calculations
* an internet-generated duty performance printout   


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His military records show he enlisted in the USAR on 15 October 1983 for a period of 6 years.

3.  On 22 April 1986, he extended his initial enlistment for a period of 2 years resulting in an ETS date of 14 October 1991. 

4.  On 14 July 1991, he reenlisted in the USAR for a period of 6 years resulting in an ETS date of 13 July 1997.

5.  A DA Form 4836, dated 2 October 1993, shows he extended his reenlistment of 15 July 1991 (correct date is 14 July 1991) for a period of 5 months with an ETS date of 14 December 1997 (correct date is 13 December 1997).

6.  His retirement points detail in the Integrated Web Services (IWS) database shows he last performed duty on 18 August 1995.

7.  Orders 01-199-020, published by the 63d Regional Support Command (RSC), dated 18 July 2001, shows he was transferred to the USAR Control Group (Reinforcement) effective 18 July 2001 for the reason of unsatisfactory participation.

8.  AR-PERSCOM Orders D-07-136502 show he was discharged from the USAR Control Group (Reinforcement) effective 31 July 2001.

9.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States) shows he enlisted again in the USAR on 20 November 2009.



DISCUSSION AND CONCLUSIONS:

1.  Based on his retirement points detail contained in the IWS database and the fact he was transferred from a USAR unit to the USAR Control Group (Reinforcement) effective 18 July 2001 for the reason of unsatisfactory participation, it appears he did not continue to satisfactorily serve in a USAR Troop Program Unit (TPU) after August 1995.  The reason the USAR waited to transfer him from a TPU to the USAR Control Group (Reinforcement) effective 18 July 2001 and subsequently discharge him effective 31 July 2001 is unclear.

2.  His records are void of a reenlistment or extension of enlistment document extending his ETS beyond that of 13 December 1997.  It appears the USAR failed to transfer him due to unsatisfactory participation after August 1995 with subsequent discharge not later that his ETS date of 13 December 1997.  As such, in the interest of equity and justice, it would be appropriate to amend Orders 01-199-020, published by the 63d RSC, dated 18 July 2001, to show he was transferred to the USAR Control Group (Reinforcement) effective 12 December 1997 for the reason of unsatisfactory participation.

3.  Based on the above recommended change it would be appropriate to amend AR-PERSCOM Orders D-07-136502 to show he was discharged from the USAR Control Group (Reinforcement) effective 13 December 1997.

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 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 amending:

	a.  Orders 01-199-020, published by the 63d RSC, dated 18 July 2001, to show he was transferred to the USAR Control Group (Reinforcement) effective 12 December 1997 for the reason of unsatisfactory participation; and
	b.  AR-PERSCOM Orders D-07-136502, to show he was discharged from the USAR Control Group (Reinforcement) effective 13 December 1997.




      _______ _  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)                                         AR20110021746



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ABCMR Record of Proceedings (cont)                                         AR20110021746



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