IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140001439 


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 his 8-year enlistment in the U.S. Army Reserve (USAR) be changed from an 8-year term to a 6-year term so he may reenlist.

2.  The applicant states his original enlistment contract in the USAR reads           8 years and should be a 6x2 contract.  Parts of his contract read 8 years and other parts read 6x2.  According to the U.S. Army Human Resources Command (HRC), his current expiration of term of service (ETS) date is 16 October 2014.  The correction is needed so he may reenlist.  He further states that back in early 2008 he was contacted by Sergeant First Class (SFC) Mi--- about reenlistment. SFC Mi--- was serving as the Retention Noncommissioned Officer (NCO) at the Owings Mill, MD USAR Center.  He told him that he had come up on his system as a reenlistment candidate and inquired as to whether he was interested in continuing his career in the Army.  He (the applicant) had always planned on staying in for a full career so he said yes.  The process was a quick one and in a few days he heard back from him saying he was going to be emailing his contract to his Unit Administrator (UA) in Schenectady, NY.  All he had to do was go in to his Reserve Center to sign in front of her.  His UA at the time was Chief Warrant Officer Two Da--, who has now moved on to another unit.  A long period of time has gone by so the information he has provided is to the best of his knowledge.  This situation he has been placed in is no fault of his own.  He is a hard-working individual who in the end just wants to serve his country.  

3.  The applicant provides his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States).  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR for 8 years on 17 October 2002.  He completed several allied documents in connection with this enlistment: 

	a.  His DD Form 1966 (Record of Military Processing) shows he enlisted for standard training in military occupational specialty (MOS) 62J (General Construction Equipment Operator), now 21J. 

	b.  His USAREC Form 1150-R-E (Statement of Understanding-Army Policy) shows he enlisted for a $3,000 bonus, Student Loan Repayment Program (SLRP) incentive, and the MGIB Kicker, for MOS 62J for 8 years and 0 months. 

	c.  His DA Form 3540-R (Certificate of Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment) shows he is executing this enlistment as a non-prior service applicant and incurs a statutory military service obligation and a contractual obligation to serve 8 years as an assigned member of a troop program unit of the Selected Reserve. 

	d.  His DA Form 5261-R (Selected Reserve Incentive Program - Enlistment Bonus Addendum) that shows he enlisted in the USAR for 8 years and that in order to be entitled to this incentive, he must complete at least 6 years in a Selected Reserve unit as he has agreed to do under the terms of this contract.

2.  It appears he completed training and was awarded MOS 21J.  Later, as part of a reclassification action on 13 September 2005, he was awarded primary MOS 92Y (Unit Supply Specialist) and secondary MOS 21J. 

3.  He served in a variety of assignments and on 1 July 2012, he was promoted to sergeant first class. 

4.  On 21 March 2014, in the processing of this case, an advisory opinion was received from the Office of the Deputy Chief of Staff, G-1.  An advisory official recommended denial of the applicant's request.  The official stated: 

	a.  A review of the applicant's enlistment contract reveals that he enlisted for  8 years on 17 October 2002.  This is shown on his DD Form 4 and DD Form 1966/3.  He enlisted for a $3,000 bonus and the SLRP.  His bonus addendum shows in order to receive the bonus, he must complete 6 years in the Selected Reserve; however, an 8-year contract was authorized and the applicant signed the contract.  

	b.  His original separation date would have been 16 October 2010.  Since he is still in the USAR, he likely extended or reenlisted prior to his original separation date, although no extension or reenlistment document exists in his records and he provides none.  He has already served the original 8 years of his contract and there is no reason to change the original commitment since it was a legal term of service and he apparently served the duration of the contract and continues to serve. 

5.  On 7 April 2014, the advisory opinion was provided to the applicant for review, comment, or possible rebuttal.

6.  On 17 May 2014, the applicant responded to the advisory opinion.  He provided a copy of his reenlistment contract.  It appears he reenlisted for 6 years on 14 May of an unknown (illegible but apparently 2008) year.  His reenlistment contract states his ETS date is 20141016 (16 October 2014).  

7.  Army Regulation 601-210 (Active and Reserve Component Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), in the Regular Army (RA), the USAR, and the Army National Guard (ARNG).  It provides policies and procedures to process applicants for enlistment in the RA Delayed Entry Program (DEP) and on delayed status (DS) and USAR Delayed Training Program (DTP) and the DEP.  Paragraph 2-16 (Authorized enlistment periods) states NPS applicants enlisting in the RA (under Title 10, U.S. Code, section 651(a)) and the Reserve Component (under Title 10, U.S. Code, section 12103(d)) incur no more than an 8-year military service obligation (MSO).  Enlistment in the RA is authorized for a term of at least 15 months but not more than 8 years.  A specific MOS may require a minimum term of service.  Enlistment in the USAR or ARNG will be for a period of 8 years.  The applicant may select the period of time to be assigned to a troop program unit of the Selected Reserve, as authorized by chapter 5.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant, a non-prior service applicant, enlisted in the USAR for 8 years on 17 October 2002.  He confuses his statutory/contractual obligation with the eligibility for the bonus incentive.  His statutory and/or contractual obligation was for 8 years, not for 6 years.  In order to qualify for the bonus, he agreed to serve at least 6 years in a troop program unit of the USAR.  

2.  He enlisted for an 8-year term and has completed this term.  His completion of this term has no bearing on his eligibility or ineligibility for reenlistment in the USAR.  In fact, it appears he has already reenlisted in the USAR, in May 2008.  His 2002 enlistment contract is a valid document and there is no reason to change the term of that contract. 

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)                                         AR20140001439





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ABCMR Record of Proceedings (cont)                                         AR20140001439



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