IN THE CASE OF:
BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130010200
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 the removal of his October 2007 reenlistment contract and all associated documents from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).
2. The applicant states upon returning from a 2005 deployment to Kuwait, his name popped up on a list at his unit stating that he had to reenlist, separate, or transfer to the Individual Ready Reserve. He explained that he had reenlisted while in Kuwait but he did not have his records with him and had to reenlist again in 2007, which caused his dates to get mixed up and has caused a problem in his receiving his bonus from his last reenlistment in 2010. The issue has been resolved with the U.S. Army Human Resources Command (HRC) and they informed him that he had to contact the Board to have the contract removed from his official records.
3. The applicant provides copies of memoranda from his unit requesting the removal of the contract from his records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 7 June 2000 for a period of 8 years and training as a legal specialist. He completed his training at Fort Jackson, South Carolina and returned to his USAR unit. He was promoted to the pay grade of E-5 on 9 May 2003.
2. The applicant was ordered to active duty on 1 November 2004 and deployed to Kuwait on 18 December 2004.
3. On 9 August 2005, he reenlisted at Camp Virginia, Kuwait for a period of 6 years and a Selected Reserve Incentive Program (SRIP) bonus of $15,000.
4. He departed Kuwait on 28 November 2005 and was honorably released from active duty on 20 January 2006.
5. On 4 October 2007, he reenlisted for a period of 6 years and a SRIP bonus.
6. On 17 November 2010, he reenlisted for a period of 6 years and a $5,000 SRIP bonus.
7. The memoranda provided by the applicant with his application are from the applicants commander and career counselor and indicate that the reenlistment of 4 October 2007 was an erroneous reenlistment that was associated with a bonus that has not been paid and should be removed from his records.
8. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides, in pertinent part, that once placed in the AMHRR, the document becomes a permanent part of that file. The document will not be removed from a fiche or moved to another section of the official records unless directed by the Army Board for Correction of Military Records (ABCMR).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the reenlistment contract dated 4 October 2007 should be voided and removed from his official records has been noted and appears to have merit.
2. The applicant reenlisted in Kuwait on 28 November 2005 for a period of 6 years; however, it appear that the contract was not entered into the system and filed in his official records, which caused his unit to notify him that he had to either reenlist or separate from the service because there was no record of his 2005 reenlistment.
3. However, his 2005 reenlistment is now in his official records and it appears that the 2007 reenlistment was not necessary to begin with. Accordingly, it should be voided and removed from his records as it serves no visible purpose for it to remain in his records since the applicant has reenlisted for sufficient periods to cover all of his service.
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 voiding the applicants 4 October 2007 reenlistment contract and removing all associated documents from his official records (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) AR20130010200
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