IN THE CASE OF:	  

		BOARD DATE:  4 December 2012

		DOCKET NUMBER:  AR20120004213 


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 his military service records to void a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 3 November 2010. 

2.  The applicant states he was erroneously extended on 3 November 2010.  The applicant continues he initially enlisted in the U.S. Army Reserve (USAR) on 
24 June 2002 for an 8-year military service obligation (MSO), with six years as an assigned member of a troop program unit (TPU) in the Selected Reserve and two years as an assigned member Individual Ready Reserve (IRR).  Due to a medical issue he was prevented from attending his initial active duty training (IADT).  Once he was cleared to go to IADT, too much time had elapsed and his recruiter could not get him a new IADT date.  

3.  The applicant continues that it was determined by the Military Entrance Processing Station (MEPS) and his unit that he receive an Entry Level Discharge (ELD) from the USAR and he come right back in.  After his discharge he was allowed to enlist in the USAR with a new initial enlistment contract.

4.  The applicant provides:

* DA Form 4836, dated 3 November 2010
* DD Forms 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 24 June 2002 and 9 November 2004


CONSIDERATION OF EVIDENCE:

1.  A DD Form 4/1 dated 24 June 2002 shows the applicant enlisted in the USAR for an 8-year term of service, with a six-year obligation assigned to a TPU and two-year obligation in the IRR.  Due to a medical issue he was not able to initiate his enlistment.  The applicant's expiration term of service (ETS) would have been 23 June 2010.

2.  Orders 04-301-00008, dated 27 October 2004, issued by Headquarters, 63rd Regional Readiness Command (RRC) show the applicant received an uncharacterized discharge.

3.  A DD Form 4/1 dated 9 November 2004 shows the applicant enlisted in the USAR for an 8-year term of service, with a six-year obligation assigned to a TPU and two-year obligation in the IRR.  Item 7 (Previous Military Enlistment/Reenlistment) of the document indicates the applicant had no prior military service.  The applicant's ETS would have been 8 November 2012.

4.  Item 18 (Accession Data) of the applicant's DD Form 1966/1 (Record of Military Processing Armed Forces of the United States) shows he enlisted in USAR with a waiver on 9 November 2004.

5.  A DA Form 4836 dated 3 November 2010, erroneously shows the entries:

* item 7d ETS "20101108"
* item 7e Basic Pay Entry Date "20020624"
* item 8a Current ETS Day "8" Month "11" Year "2010"
* item 8b Period of this Extension Day "0" Month "6" Year "0"
* item 8c New ETS Day "8" Month "5" Year "2011"
* item 9 Authority and Reason for this Extension  Table "3-1"  Rule "M"

6.  The applicant's medical records are not available for review.  There is no evidence in his military service that shows he was pending a waiver for an xtension or flagged pending a medical decision.

7.  In the processing of this case, an advisory opinion was obtained from the Chief, Operations Management Division, U.S. Army Human Resources Command (HRC) who recommended item 8b of the applicant's DA Form 4836 be corrected to show his ETS as 8 February 2011 and correcting item 9 Rule "M" to "T," resulting in an ETS of 8 May 2011.


8.  A second advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Senior Army Reserve Career Counselor (SARCC) who recommended the "DA Form 4836 be invalid; Soldier is in his reenlistment window as of 2011109."  The SARCC stated the applicant's MSO began on 
9 November 2004 not 24 June 2002, that was his initial date of enlistment but he was unable to fulfill that obligation, Department of Defense Instructions (DODI) 1304.25, paragraph 6.2.3. Discharge from Delayed Entry Program (DEP) and/or Delayed Entry Training (DET), states DEP and/or DET members who are discharged for any of the reasons specified in reference (e) shall not be credited for service in fulfillment of the MSO incurred, and any future enlistment or appointment of such persons shall be treated as an original entry into military service.  Therefore the applicant's enlistment contract of 24 June 2002 does not count; this contract does not exist.

9.  The SARCC further stated the applicant's DA Form 4836 was executed incorrectly using the wrong ETS date.  He still has two years left on his contract, and they used the wrong extension rule "M" according to Army Regulation 
140-111 (U.S. Army Reserve Reenlistment Program), Table 31, Rule M: Soldier is not eligible for reenlistment for reasons cited in this regulation or other directives. However, the disqualification is under adjudication pending a final determination, or may be waivable, and it is apparent the Soldier’s ETS will occur before adjudication or waiver processing can be finalized.

10.  In his Rebuttal for Correction of Military Records, the applicant stated in part that his situation is not the incorrect ETS date in his records; rather to eliminate the erroneous extension to his enlistment contract.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to void the DA Form 4836 dated 3 November 
2010 was carefully considered and found to have merit.

2.  The evidence of record shows the applicant initially enlisted in the USAR on 24 June 2002.  Due to medical reasons, he was not able to initiate his enlistment. Orders 04-301-00008, dated 27 October 2004, show the applicant received an uncharacterized discharge.

3.  The applicant enlisted again in the USAR on 9 November 2004 for an 8-year term of enlistment.  His ETS was 8 November 2012.  On 3 November 2010, he was erroneously extended for 6 months.  



4.  Both the Office of the Deputy Chief of Staff, G-1 and the Chief, Operations Management Division, HRC agree that the applicant's DA Form 4836 is in error. 

5.  There is no evidence in the applicant's military service record that shows he was extended pending a waiver.  Based on the foregoing, it would be appropriate to correct his records to void the DA Form 4836, dated 3 November 2010.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by voiding his DA Form 4836, dated 3 November 2010.



      _______ _  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)                                         AR20120004213





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ABCMR Record of Proceedings (cont)                                         AR20120004213



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