PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 March 2000                   
	DOCKET NUMBER:   AR1999028927

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his expiration term of service (ETS) be adjusted to 11 March 1998 and his subsequent extensions in May 1998 and April 1999 be adjusted accordingly.

3.  The applicant refers to a 5 June 1999 memorandum for record signed by his unit administrator.  In effect, the applicant enlisted in the U. S. Army Reserve (USAR), Delayed Entry Program (DEP) on 12 March 1990.  He enlisted in the Regular Army on 22 October 1990.  He had been told his terminal Reserve obligation date was 21 October 1998 and he predicated two extensions based on that information.  However, it is believed his terminal Reserve obligation date should have been 11 March 1998 based upon his enlistment in the DEP.  An obligation date of 11 March 1998 would have made his extension in May 1998 invalid.

4.  The applicant’s military records show that he enlisted in the USAR, DEP on    12 March 1990 for 8 years.  His DD Form 4/1, enlistment/reenlistment document, clearly states “…I also understand that this time is counted toward fulfillment of my military service obligation or commitment.”

5.  DD Form 4/3 shows the applicant was discharged from the DEP for the purpose of enlisting in the Regular Army on 22 October 1990.  He was released from active duty on 20 February 1993 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  His DD Form 214, item 6 and his separation orders show his Reserve obligation termination date as 11 March 1998.  

6.  Department of the Army (DA) Form 4836, Oath of Extension of Enlistment or Reenlistment dated 19 May 1998 shows the applicant, on this date, extended his “current enlistment/reenlistment agreement of 22nd day of October 1990” for         6 months.  He was then transferred from the Individual Ready Reserve to a Selected Reserve Troop Program Unit.  

7.  On 30 March 1999, the Chief, Reserve Personnel Division, 96th Regional Support Command, referenced a telephone conversation between herself and a non-commissioned officer at the Army Reserve Personnel Command              (AR-PERSCOM) which confirmed “…the date ____ went active duty from the Delayed Entry Program became his enlistment date from which he incurred an eight year obligation.  Hence, his ETS became 981021.”

8.  DA Form 4836 dated 19 April 1999 shows the applicant, on this date, extended his “current enlistment/reenlistment agreement of 22nd day of October 1990” for 8 months.

9.  Phone conversation with the applicant’s unit administrator on 15 February 2000 confirms that the applicant subsequently reenlisted in the USAR on          29 September 1999 for 6 years.

10.  Army Regulation 140-111 prescribes policies and procedures for the USAR Reenlistment program.  The current version, effective 1 October 1997 and the previous version effective 1 July 1990, paragraph 3-2.1 states that when a person without any previous military service enlists in the DEP, he or she incurs a statutory obligation to serve for 8 (or 6 depending on date of enlistment) years in the military service.  The statutory obligation is always measured from the date the soldier first executed an enlistment in a U. S. Armed Force (this includes the DEP).  The soldier is discharged from the DEP enlistment when he or she enlists in the Regular Army. However, this does not alter (or terminate) the contractual agreement to serve in the armed forces for the 8-year term of the statutory obligation.  When a soldier who was transferred to the USAR to satisfy a remaining statutory obligation is to be extended, the following entries must be made on DA Form 4836: (1) Item 7a (DATE).  Enter the date the soldier first enlisted in the armed forces and thereby incurred the 6-year or 8-year statutory obligation as shown on a DD Form 4/1.  If the soldier first enlisted in the DEP, that is the date to be entered.   (4) Item 7d (ETS).  Enter the date that is derived by adding 6 or 8 years, as appropriate, to the date entered in Item 7a.

CONCLUSIONS:

1.  The Board concludes an error was made in this case.  The regulation in effect at the time of the applicant’s release from active duty was very clear that his terminal Reserve obligation date was 8 years after his enlistment in the DEP.  His DD Form 4/1 was very clear that his enlistment in the DEP began his terminal Reserve obligation date.  His DD Form 214 and his separation orders reflected his correct terminal Reserve obligation date as 11 March 1998.

2.  For some reason his various personnel offices determined his terminal Reserve obligation date should be based on his 22 October 1990 enlistment into the Regular Army, thereby ending his statutory obligation on 21 October 1998. They therefore failed to discharge him on his correct, 11 March 1998 terminal obligation date and based his subsequent extensions on the erroneous date.

3.  The applicant’s first extension was on 19 May 1998, 5 months and 5 days prior to his erroneous terminal date of 21 October 1998.  Using this information as a guide, he should have properly been extended on 8 October 1997.  His second extension was on 19 April 1999, 11 months and 1 day after his first extension.  Using this information as a guide, his second extension should properly have been executed on 9 September 1998.  He reenlisted on                29 September 1999, 5 months and 11 days after his second extension.  Using this information as a guide, his reenlistment should properly have been executed on 20 February 1999.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
     a.  amending DA Form 4836 dated 19 May 1998, item 7a to read 900312; item 7d to read 980311; the oath of extension to read “…this 8th day of October 1997, that…agreement of 12th day of March 1990…;” that the date of the form be amended to read 971008; that the certification date be amended to read 8th day of October 1997; 

     b.  amending DA Form 4836 dated 19 April 1999, item 7a to read 120390; item 7d to read 110998; the oath of extension to read “…this 9th day of September 1998, that…agreement of 12th day of March 1990…;” that the date of the form be amended to read 980909; and that the certification date be amended to read 9th day of September 1998; and

     c.  amending the applicant’s DD Form 4 series, dated 29 September 1999 to show he reenlisted in the USAR on 20 February 1999 for 6 years.

BOARD VOTE:  

__gdp___  __mmd___  __js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028927	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.00	
2.		
3.		
4.		
5.		
6.