BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003419
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 removal of a DA Form 4126-R (Bar to Reenlistment Certificate), dated 24 June 1992, from his Army Military Human Resource Record (AMHRR).
2. The applicant states:
* the form is erroneous and incomplete
* it was not processed through or signed by the battalion commander
* the company commander did not sign the commanding officer block; he signed in the battalion commander or higher block
* he was assigned to the unit as a "filler" from the Individual Ready Reserve (IRR) for Desert Storm and should have been returned to the IRR upon completion of the mission
* the unit did not make any attempt to contact him at his home of record
3. The applicant provides the DA Form 4126-R, dated 24 June 1992.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 14 July 1989 for a period of 8 years. He was promoted to private first class on 15 March 1990. He was ordered to active duty on 17 January 1991 in support of Operation Desert Shield/Desert Storm. He was released from active duty on 18 May 1991.
2. On 24 June 1992, he received a bar to reenlistment certificate which states:
* he enlisted in the USAR in July 1989 to be a medic
* he washed out of that course and reported to communications training which he could not complete
* he then was sent to Fort Benning where he obtained an 11B (infantryman) military occupational specialty
* he returned to the unit in May 1990 and was transferred to the IRR as an unsatisfactory participant in September 1990
* he was reassigned to the unit in January 1991 as a "filler" when they deployed for Desert Storm
* he served on active duty until May 1991 (4 months)
* he has now accumulated enough unexcused absences to put him out again
* he cannot be depended upon to report to his duty assignment at specified times
* he moves around a lot and does not keep the unit informed of a good address
* he is now refusing to claim certified mail that is sent to him from the unit
* It is in the best interest of the USAR that he not be allowed to transfer from the IRR back into another troop unit
3. The DA Form 4126-R:
* Section I (Commander's Recommendation) contains no signature
* Section II (Individual's Review) is blank with the entry "SOLDIER IS REFUSING TO CLAIM CERTIFIED MAIL AT THIS TIME"
* Section III (Review and Recommendation of Battalion or Next Higher Command) contains no entries, only a signature
4. He reenlisted in the USAR on 5 June 1997 for a period of 6 years.
5. He was promoted to master sergeant on 1 March 2010.
6. His U.S. Army Human Resources Command Chronological Statement of Retirement Points, dated 8 August 2012, shows he has been a member of the USAR from 14 July 1989 to present.
7. A review of the applicant's AMHRR on the interactive Personnel Electronic Records Management System revealed a copy of the DA Form 4126-R.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. Notwithstanding the 1992 DA Form 4126-R, evidence shows he reenlisted in the USAR in 1997.
2. Since it appears he has remained in the USAR through continuous reenlistments and he was promoted to master sergeant in 2010, as a matter of equity it would be appropriate to remove the DA Form 4126-R from his AMHRR.
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 removing the DA Form 4126-R, dated 24 June 1992, from his AMHRR.
_______ _ 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) AR20120003419
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ABCMR Record of Proceedings (cont) AR20120003419
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