IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20110024969
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, that he be authorized an ante-dated enlistment contract in the U.S. Army Reserve (USAR) and that all debts that have resulted because of the lack of a contract be cancelled.
2. The applicant states, in effect, that he was discharged from the Regular Army under honorable conditions in 2005 and a Reserve Career Counselor contacted him and informed him that he was eligible for transfer to a Reserve unit. He goes on to state that he served honorably, was promoted to the pay grade of E-6, has completed his degree in Nursing, and on 4 March 2011 he was notified that his service was being voided because he was erroneously transferred to the USAR at the time of discharge. As a result, his service has been voided and he now has a debt of $8,000 from the Defense Finance and Accounting Service (DFAS).
3. The applicant provides copies of his discharge orders and orders assigning him to a Reserve unit.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 July 1998 for a period of 4 years and training as a finance specialist. He completed his training as a finance specialist and was assigned to Fort Bliss, Texas. He was transferred to Germany in March 2001 and was promoted to the pay grade of E-5 on 1 October 2001. He reenlisted on 6 September 2002 for a period of 4 years and he served a tour in Iraq from April 2003 to July 2004.
2. On 17 November 2004, nonjudicial punishment was imposed against him for disobeying a lawful order from his battalion commander to not have any direct or individual contact with a female lieutenant.
3. On 17 April 2005, the applicants commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, for pattern of misconduct. He cited as the basis for his recommendation that the applicant disobeyed a lawful order from a superior commissioned officer on 20 September 2004, that he violated a lawful general regulation on 6 October 2004 and that he failed to go to his place of duty on 6 January 2005. After consulting with counsel the applicant waived all of his rights.
4. The appropriate authority approved the recommendation for discharge on 8 June 2005 and directed that the applicant be discharged under honorable conditions. He also directed that the applicant not be transferred to the USAR.
5. Accordingly, he was discharged under honorable conditions on 17 June 2005 under the provisions of Army Regulation 635-200, paragraph 14-12b, due to misconduct. He had served 6 years, 10 months, and 27 days of active service.
6. Although the applicant was discharged, it appears that at the time of discharge, he was erroneously transferred to the USAR Control Group (Reinforcement) and on 21 October 2005 he was transferred to a troop program unit (TPU).
7. He continued to serve in TPUs and was promoted to the pay grade of E-6 on 21 January 2007.
8. In February 2011 an audit was conducted by the U.S. Army Reserve Command (USARC) G1 which determined that the applicant had been erroneously transferred to the USAR. Accordingly, his service was voided and he was advised to apply to the Board for an antedated contract.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. However, at the time of his discharge he was erroneously transferred to the USAR Control Group (Reinforcement) and was subsequently transferred to TPUs where he served honorably until 2011.
3. Although the applicant was erroneously transferred to the USAR, the fact of the matter is that he continued to serve honorably and advanced in grade as a result of his service. Therefore, it would be an injustice to discard his service and accomplishments simply because an administrative error was made by the Department at the time of his discharge.
4. Accordingly, as a matter of equity, it would be appropriate to grant the applicant a waiver for enlistment and to issue the applicant antedated enlistment contracts that account for his service in the USAR from 18 June 2005 to date and to restore all credit for his USAR service and remove all debts that have resulted from the error.
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 showing the applicant was granted a waiver for enlistment and issuing him the appropriate antedated enlistment contracts showing that he enlisted in the USAR on 18 June 2005 for a period of 6 years and extended that enlistment for 2 years effective 18 June 2011 (expiration term of service 17 June 2013) and restoring all credit for his USAR service and removing all debts that have resulted from the error.
__________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) AR20110024969
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ABCMR Record of Proceedings (cont) AR20110024969
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