PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 November 2000                   
	DOCKET NUMBER:   AR2000041344

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Terry L. Placek		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, in effect, that his records be corrected to show he enlisted in the U. S. Army Reserve (USAR) in April 1998.

3.  The applicant states, in effect, that after transferring into and out of the Army National Guard (ARNG) and various control groups of the USAR, he discovered that he did not have a valid enlistment contract.  

4.  The applicant’s military records show that he had had prior service in the USAR and the Regular Army that made his military reserve obligation termination date 16 December 1996.  He enlisted in the Texas ARNG in pay grade E-4 on     29 February 1996 for 6 years for an expiration term of service (ETS) of              28 February 2002.

5.  The applicant enlisted in the USAR Control Group (Reserve Officer Training Corps (ROTC)) on 26 August 1996 with an 8-year obligation.  On 6 December 1996, the Texas ARNG discharged him and assigned him to the USAR Control Group (ROTC) effective 26 August 1996.  This terminated his ARNG 6-year obligation but left him with a new ETS of 25 August 2004.

6.  Effective 19 February 1998, the U. S. Army Recruiting Command (USAREC) erroneously transferred the applicant from USAR Control Group (ROTC) to the 302d Military Police Company without coordination with the U. S. Army Cadet Command, Fourth Region (ROTC), which had administrative jurisdiction and control over the applicant.  An ETS of 28 February 2002 (his previous ARNG ETS) was assumed.

7.  Effective 14 April 1998, the U. S. Army Cadet Command, Fourth Region (ROTC) discharged the applicant due to breach of contract.  His 8-year obligation (ETS 25 August 2004) derived from his ROTC contract was terminated and he had no military status.  However, he continued to serve with the 302d Military Police Company.

8.  On 5 January 2000, the applicant entered the USAR Active Guard Reserve (AGR) program with an erroneous ETS of 28 February 2002 (derived from his previous ARNG ETS).  He was promoted to Sergeant, E-5 on 1 December 1999.

9.  In the processing of this case, an advisory opinion was obtained from the Office of the Chief, Army Reserve (OCAR).  OCAR noted that the applicant had been erroneously transferred by USAREC effective 19 February 1998 to the 302d Military Police Company without coordination with the U. S. Army Cadet Command, Fourth Region (ROTC).  When the applicant was discharged from the 

USAR Control Group (ROTC), he was left with no term of service in force although his records at present erroneously reflect an ETS of 28 February 2002.
OCAR noted that both the applicant and the Army failed to properly monitor his migration through various contractual obligations, causing his loss of status and resulting in his lack of a remaining term of service in force in any component of the Army since 14 April 1998.  OCAR noted the applicant’s continued participation in the Army Reserve.  OCAR concluded that, since both the service and the applicant shared in the failure to monitor and manage his contractual obligation and, since the soldier has displayed good faith in his continued service without contract and the Army has benefited from his service, he should be permitted to reenlist without a break in service effective 15 April 1998.

10.  A copy of the advisory opinion was provided to the applicant for comment.  He concurred with the advisory opinion.

11.  Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the USAR.  

CONCLUSIONS:

1.  The Board concludes that Government errors occurred in this case.  The applicant was erroneously transferred to the 302d Military Police Company while he was still in the ROTC.  He was discharged from the ROTC effective 14 April 1998.  The Army failed to note that he had been discharged, with no statutory or contractural obligation, and allowed him to continue to serve with the 302d Military Police Company.  He has continued to serve in the USAR to the present date without contract.  It would be appropriate to show that he enlisted in the USAR effective 15 April 1998 (the date after his discharge from the ROTC) for    4 years (to as closely approximate his ARNG ETS of 28 February 2002 as possible).

2.  In view of the foregoing and in accordance with the advisory opinion, 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 showing that the applicant enlisted in the USAR under the provisions of Army Regulation 601-210, in pay grade E4, on 15 April 1998 for 4 years.

BOARD VOTE:  

__slp___  __mw____  __tlp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041344	
SUFFIX		
RECON		
DATE BOARDED	20001114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.	112.05	
3.		
4.		
5.		
6.