RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         2 March 2006
      DOCKET NUMBER:  AR20050006220


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, voiding of his 13 March 2003
Extension and that he be allowed an antedated reenlistment, effective 18
May 2003.

2.  The applicant states, in effect, that on 13 March 2003, he went to an
Army National Guard (ARNG) unit training in the area, accompanied by his
unit Retention Noncommissioned Officer (NCO), for the purpose of completing
reenlistment forms and reenlisting in his United States Army Reserve (USAR)
unit.  He states that this action was completed when he completed an Oath
of Extension of Enlistment or Reenlistment (DA Form 4836).  He claims he
was never informed that this form was used for an extension.  He claims he
had reviewed the applicable regulation and had decided to complete an
Indefinite Reenlistment.  He claims that prior to signing the DA Form 4836,
he reviewed it and believed based on the forms he completed in his unit and
the title of the form that he was reenlisting.  He now understands this was
the incorrect form to use and he is requesting that the situation now be
corrected.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Memorandum; Battalion Commander Memorandum of
Support; DA Form 4836, dated 13 March 2003; Enlistment/Reenlistment
Contract (DD Form 4, dated 18 May 1997; and Personnel Qualification Record
(DA Form 2A).

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he entered the USAR on 1 June 1981.  He
currently holds the rank of sergeant first class (SFC) and is serving in a
Troop Program Unit (TPU) at Grand Prairie, Texas.

2.  A DD Form 4/1 on file shows the applicant last reenlisted for six years
on
18 May 1997.  This would have established his expiration of term of service
(ETS) as 17 May 2003 at that time.

3.  A DA Form 4836 on file shows that on 13 March 2003, the applicant
extended his USAR enlistment for 10 years and his new ETS was established
as 18 May 2013.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the Director, Western Region, United States Army Human
Resources Command (HRC)-St. Louis.  This official recommends the
applicant's extension of 13 March 2003 be voided, and that the applicant be
allowed to complete an antedated reenlistment, effective 18 May 2003.  He
further indicates that the maximum period of extension for a USAR Soldier
is 48 months.  This official further indicates that the applicant requested
an antedated reenlistment through his chain of command in May 2005, but the
command could not approve an antedated reenlistment because the applicant
had already executed the ten year extension.

5.  On 17 February 2006, the applicant was provided a copy of the HRC-St.
Louis advisory opinion in order to have the opportunity to respond.  To
date, he has failed to reply.

6.  The applicant's battalion commander provides a memorandum of support,
in which he states that the applicant is an exemplary Soldier and
Instructor.  He further states that the applicant is a great asset to the
unit and USAR.  The commander indicates that it is his understanding that
upon his last reenlistment, the applicant was erroneously extended for 10
years on a DA Form 4836 when it was his intention to execute an Indefinite
Reenlistment.  He further states that the applicant was unaware he was
extending and assumed from the Oath of Extension of Enlistment or
Reenlistment that he was reenlisting from an indefinite period of time.  He
concludes by indicating that he is in full agreement with whatever actions
must be taken by the Retention NCO to retain this very competent NCO in the
USAR.

7.  Army Regulation 140-111 (U.S. Army Reserve Reenlistment Program)
prescribes the policies and procedures for USAR reenlistment.  Table 2-3
outlines the authorized periods of reenlistment for USAR TPU Soldiers, and
paragraph 2-4 contains guidance on the USAR Indefinite Reenlistment
Program. It states, in pertinent part, that TPU, IRR, and IMA Soldiers in
the grades of staff sergeant through command sergeant major, who are fully
eligible to reenlist and have completed 10 years of military service as of
the end of their current enlistment, may reenlist (but not extend) for an
unspecified time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was erroneously extended on 13 March
2003, and the supporting evidence he submitted, were carefully considered
and found to have merit.

2.  The evidence confirms it was the applicant's intent to reenlist in the
USAR for an unspecified time when the extension in question was completed.
Because this action was completed at an ARNG unit, it is reasonable to
presume that the applicant was unaware that the documentation completed was
not what he believed it would be based on the reenlistment documents and
briefings he had completed at his unit.  Therefore, it would be appropriate
to accept the
HRC-St Louis recommendation that the applicant's extension of 13 March 2003
be voided, and that he be allowed to complete an antedated reenlistment,
effective 18 May 2003.

BOARD VOTE:

___WDP   ___JLP  _  ___PMT_  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:

      a.  voiding his 10 year extension (DA Form 4836) of 13 March 2003;
and

      b.  allowing him to enter into an antedated reenlistment, effective
18 May 2003, for period authorized by the applicable regulation based on
his eligibility, which is agreeable to him and his unit commander.




                                  _____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006220                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/02                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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