IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20120005408 


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, correction of her military record to void her enlistment in the U.S. Army Reserve (USAR) on 30 September 2004. 

2.  The applicant states:

	a.  prior to her 30 September 2004 enlistment, she enlisted in the USAR on 7 January 2001, for a period of 6 years, thereby making her expiration of term service (ETS) 6 January 2007;

	b.  she needed a minimum of 3 years remaining service on her contract to enlist in the Active Guard Reserve (AGR) Program, which she reached in 2004;

	c.  in order to continue in the AGR program in 2004, she was told she needed to reenlist although her orders indicated her release from active duty (REFRAD) date was 6 January 2007;

	d.  there was no need for her to reenlist indefinitely outside her reenlistment window when instead she should have completed a REFRAD alignment; and

	e.  she would have been eligible to receive a reenlistment bonus in her military occupational specialty (MOS) in the AGR program had she not reenlisted indefinitely on 30 April 2004.

3.  The applicant provides:

* Orders R-02-100438A01, issued by the U.S. Army Human Resources Command, dated 30 January 2004
* an extract of Army Regulation 140-111 (USAR Reenlistment Program)
* DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 30 September 2004 and 7 January 2001, with eleven other associated enlistment documents
* All Army Activities (ALARACT) Message, dated 14 February 2006
* four memoranda dated 12 February, 12 March, 10 April, and 24 April 2007
* Army Reserve Fiscal Year (FY) 07 Half Selected Reserve Incentive Program List with Payment Schedule

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the USAR on 19 September 1987 for a period of 8 years.  She continuously served in this capacity and reenlisted in this component on the following dates for the periods indicated:

* 5 March 1995 for 6 years
* 7 January 2001 for 6 years

2.  Orders Number 103-300, issued by Headquarters, U.S. Army 90th Regional Support Command, Maurice L. Britt, USAR Center, North Little Rock, AR, dated 13 April 2001, directed the applicant's release from her current assignment and ordered her to active duty as a member of the AGR, effective 24 February 2001.

3.  On 24 February 2001, the applicant reenlisted in the USAR and entered active duty in an AGR status.  She was trained in and served in MOS 79V (Army Reserve Career Counselor).

4.  Orders R-02-100438A01, dated 30 January 2004, amended the applicant's active duty commitment as follows:

	AS READS:  PERIOD (ACTIVE DUTY COMMITMENT): 3 YEARS; REFRAD 	24 FEBRUARY 2004

	HOW CHANGED:  Is amended to read:  PERIOD (ACTIVE DUTY 	COMMITMENT): 5 YEARS, 10 MONTHS, AND 13 DAYS:  REFRAD:  	6 JANUARY 2007

5.  On 29 September 2004, the applicant was discharged from active duty for the purpose of immediate reenlistment in the USAR.  On 30 September 2004, she reenlisted in the USAR and she was ordered to active duty in an AGR status for an indefinite period.

6.  The applicant continues to serve on active duty.  Her most recent DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report), a change of rater report), evaluated her as the "Theater Army Reserve Career Counselor" during the period 1 July 2011 through 29 January 2012, and shows her responsibilities included:

* Managed and executed reenlistment and extension programs
* Trains and advised unit leadership and duty appointed retention NCOs of their responsibilities
* Achieved all retention and transition missions assigned
* Provided career counseling to Soldiers through individual counseling

7.  During the processing of this case, on 17 April 2012 an advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1.  The advisory official stated:

	a.  the applicant reenlisted on 30 September 2004 to complete a service remaining requirement to take advantage of the EARMY-U-Education Program;

	b.  the applicant could have extended to meet the service remaining requirement but chose to get permission to reenlist outside her reenlistment window to meet this requirement;

	c.  she was the only person who could have requested reenlistment; and

	d.  as a "career counselor," the applicant should have been aware of all the rules when it comes to reenlistment, extensions, and retention given that she must advise other Soldiers about their reenlistment eligibilities and options.

8.  The advisory official recommended disapproval of the applicant's request to void her reenlistment contract.

9.  Army Regulation 140-111 (USAR Reenlistment Program) prescribes policies, responsibilities, and procedures for the USAR Reenlistment Program.  Chapter 8 provides policy, procedures, and guidance for administration of the USAR Reenlistment Program for AGR personnel.

10.  Paragraph 8-9 of this regulation provides the periods of active duty for Soldiers serving in an AGR status.  It states that the initial tour of active duty in an AGR status will be for 3 years.  The active duty service commitment for all subsequent AGR tours of duty will be governed by the term of service of a Soldier's reenlistment agreement (not to exceed 6 years), or the length of the extension of the current enlistment or reenlistment agreement.  The following policy applies to enlisted USAR Soldiers:

	a.  For initial entry on AGR status, the orders will cite 3 years active duty (Orders Format 174).

	b.  For continuation on AGR status by reenlistment, the orders will cite the number of years of AD that coincides with the term of service of the reenlistment per table 2–7, line 4 (Orders Format 198).

   c.  For continuation on AGR status under a current enlistment or reenlistment agreement the orders will cite the specified period of active duty.  The period will be specified in days, months, or years, but will not exceed 3 years (Orders
Format 700).  This order will be used when—

		(1)  Insufficient time remains to satisfy service requirements and the Soldier's enlistment or reenlistment agreement is being extended under
table 3–1; or

		(2)  The Soldier is to continue on active duty for the remaining term of service of the current enlistment or reenlistment agreement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her 30 September 2004 reenlistment should be voided; however, there is insufficient evidence to support this claim.

2.  The evidence of record confirms that after the applicant enlisted in the USAR on 7 January 2001 for a period of 6 years, she was subsequently ordered to active duty in an AGR status on 24 February 2001.  By regulation, initial AGR tours will be for 3 years.

3.  In order to continue service in an AGR status upon completion of her initial AGR tour, her active duty commitment was realigned from 3 years to 5 years,
10 months, and 13 days in accordance with her 7 January 2001 USAR 6-year enlistment, extending her AGR active duty commitment through 6 January 2007. Based on this realignment, the applicant was authorized continued service in the AGR until that time.
4.  The evidence of record confirms the applicant reenlisted for an indefinite period on 30 September 2004.  While she states she was told she had to enter into this agreement in order to continue service in an AGR status, there is no evidence of record and she did not provide any evidence to corroborate this claim.  Further, by regulation, Soldiers in the rank/grade of staff sergeant (SSG)/E-6 through command sergeant major (CSM)/E-9) who are eligible to reenlist, to include those with approved waivers, who have at least 10 years of total military service will be allowed to reenlist (but not extend) for an unspecified period of time and continue in an AGR status.  Accordingly, there is no basis to negate the applicant's USAR enlistment on 30 September 2004.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20120005408



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120005408



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1