PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           30 November 2000
	DOCKET NUMBER:   AR2000037915

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Jonh N. Slone		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Thomas Lanyi		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 two incorrect DA Forms 4836, Oath of Extension of Enlistment or Reenlistment, dated 970513 and 971002, be voided.

3.  The applicant states that she intended to extend her enlistment for five (5) months, but the DA Forms 4836 were incorrectly completed to reflect an extension of 97 years and 5 months and an incorrect ETS (Expiration term of Service) date.

4.  The applicant’s military records show that she enlisted in the US Army Reserve (USAR) for 8 years on 20 April 1993, making her Reserve Obligation Termination Date 19 April 2001.  She enlisted in the Regular Army on 25 August 1993 and, following training as an administrative specialist, was sent to Fort Lewis, Washington for her initial duty assignment.  On 17 June 1994, she was honorably discharged under the provisions of Army Regulation 635-200, chapter 8, for pregnancy.  She had 9 months and 23 days of creditable service and was transferred to the USAR to complete her Reserve obligation.

5.  The applicant was assigned to the USAR's 372nd Quartermaster Battalion, Albuquerque, New Mexico.  On 12 January 1996, she was declared an unsatisfactory participant for failing to attend Drill Assemblies and was transferred to the Individual Ready Reserve (IRR).

6.  On an unknown date, the applicant transferred from the IRR to the 387th Engineer Company, Albuquerque, New Mexico.  On 13 May 1997, she attempted to extend her USAR enlistment by 5 months.  The unit completed DA Form 4836 by listing her period of extension (Item 8b) was as 5 months, 97 years.  A new DA Form 4836 was completed on 2 October 1997 which correctly stated the period of extension, but incorrectly stated her date of enlistment and her ETS date.

7.  Army Regulation 140-111 prescribes the policies, responsibilities, and procedures for the U.S. Army Reserve Reenlistment Program, to include eligibility criteria for immediate reenlistment and extensions.  It states, in pertinent part, that only this Board can correct erroneous DA Forms 4836 when such corrections involve changes in the term of service or effective date.

CONCLUSIONS:

1.  The applicant enlisted in the USAR for 8 years on 20 April 1993 (930420) and her ETS date was established as 19 April 2001 (010419).

2.  The applicant sought to extend her USAR enlistment by 5 months, making her new ETS date 19 September 2001.  Her unit erroneously extended her 97 years and 5 months on one DA Form 4836 and erroneously stated her ETS date on the other DA Form 4836.
3.  Only this Board can correct erroneous DA Forms 4836 when such corrections involve changes in the term of service or effective date.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by voiding the two DA Forms 4836 (dated 970513 and 971002) pertaining to the individual concerned and thereby returning her to her original ETS date of 19 April 2001.

BOARD VOTE:  

__jns___  __cla____  _tl______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __John N. Slone__
		        CHAIRPERSON

INDEX

CASE ID	AR2000037915	
SUFFIX		
RECON		
DATE BOARDED	20001130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	112.0400	
2.		
3.		
4.		
5.		
6.