PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           31 July 2001                  
	DOCKET NUMBER:   AR2000049398

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell 		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 lost extension of service paperwork for the period 9 September 1999 through 31 May 2000 be properly executed.

3.  The applicant states, in effect, that when his 8-year service obligation was about to expire, he applied for an extension prior to transferring from the inactive Reserve to the active Reserve.  He adds that his Leave and Earnings Statement (LES), as well as the order assigning him to his Reserve unit are proof of this.  He states that without this paperwork his reenlistment cannot be processed in such a way as to permit him to receive a reenlistment bonus.

4.  In support of his application, the applicant submitted a memorandum for the Army Review Board Agency, dated 2 September 2000; a letter of counseling, dated 2 September 2000; Department of the Army Form 4187, Personnel Action, dated 7 September 2000; Army Personnel Command (ARPERSCOM) Orders Number 991028; Defense Finance and Accounting Service (DFAS) Form 702, Leave and Earnings Statement; and DA Form 4836, Oath of Extension of Enlistment or Reenlistment, corrected copy of misfiled extension.

5.  The applicant’s military records show that he enlisted in the United States Army Reserve (USAR) for 8 years on 9 September 1991.  After a 4-month stint in the Delayed Entry Program, he was discharged on 13 January 1992 and entered the Regular Army for 2 years on 14 January 1992.  Following all required training, the applicant was awarded military occupational specialty (MOS) 54B, Chemical Operations Specialist and was assigned to Fort Bliss, Texas.  Through a series of reenlistments and extensions, he remained on continuous active duty until 28 January 1999, when he was released from active duty under the provisions of chapter 4, Army Regulation 635-200 for completion of required active duty service and transferred to the United States Army Reserve (USAR) Control Group Individual Ready Reserve (IRR).

6.  When he transferred to the USAR (IRR), the applicant had 8 months remaining on his 8-year Reserve obligation (29 January – 9 September 1999).  He remained in the IRR until 1 September 1999 when he initiated a DA Form 4187, Personnel Action, to join the 388th Chemical Company, a Troop Program Unit (TPU) in the Ready Reserve.  He contends that prior to joining the TPU, he executed a DA Form 4836, Oath of Extension of Enlistment/Reenlistment, on or about 19 August 1999 that extended his separation date by 1 year. No copy of that extension can be located; however, on 28 October 1999, ARPERSCOM issued Order Number C-10-935800 assigning the applicant to the 388th Chemical Company with an expiration term of service (ETS) date of 31 May 2000.  The applicant became a drilling member of the 388th Chemical Company and received drill pay; his LES shows an ETS date of 31 May 2000.

7.  On 20 May 2000, the applicant executed DD Form 4/1, Reenlistment/Extension of Service, for a period of 6 years and a $5,000.00 reenlistment/extension bonus.  On 5 July 2000, the Reserve Component Pay Support Office at Fort Riley, Kansas returned the applicant’s reenlistment contract because there was no bonus control number.  It was shortly after this that the applicant was notified that he was no longer a soldier in the USAR in any capacity because he had achieved his Reserve Obligation Termination Date on 9 September 1999.

8.  The applicant's commander conducted an informal inquiry and determined that the applicant had inquired into joining the unit and had initiated an extension of his service obligation and executed a Personnel Action to effect a transfer from the IRR to the TPU.  He concluded that the applicant was the victim of sloppy administrative processing, completed a "corrected copy" of DA Form 4836, Oath of Extension of Enlistment/Reenlistment, backdating it to 19 August 1999, and assisted him in applying to this Board.

9.  In the processing of this case, an advisory opinion was obtained on 19 January 2001 from the ARPERSCOM Reenlistment Section.  The opinion stated that there was no evidence that the applicant was granted an extension for the period 9 September 1999 through 31 May 2000.  It further stated that if the applicant could produce a "corrected copy" of the proposed extension, he should be able to produce a copy of the original document.  The opinion recommended denying the applicant's request.  The applicant was provided a copy of the advisory opinion for rebuttal.

10.  On 5 February 2001, the applicant submitted a rebuttal to the advisory opinion.  He stated, in effect, that the corrected copy of the extension that he submitted was not a copy of the original extension.  He also questioned how other agencies (DFAS, ARPERSCOM) could come up with the same date, 31 May 2000, as his ETS date, if the original DA Form 4836 had not been executed.  He further stated if he was able to forge documents and send them through the system, a DA Form 4836 would not be the document of his choice.

CONCLUSIONS:

1.  Although the original DA Form 4836 is not available, the evidence of record suggests that some form of extension was processed and granted that extended the applicant's enlistment until at least 31 May 2000.  The applicant submitted an LES and ARPERSCOM assignment orders showing 31 May 2000 as his ETS date.

2.  Notwithstanding the advisory opinion, the evidence of record indicates that the applicant served in the 388th Chemical Company since September 1999; that he attended training assemblies; that he attended the Advanced Noncommissioned Officers' Course (ANCOC); and that he received pay for such duty.  It, therefore, appears that the applicant did execute an extension in good faith and such extension was not processed.  The Board believes that any reasonable doubt should be decided in the applicant's favor.

3.  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 showing that the individual concerned:

a.  executed a DA Form 4836 prior to 9 September 1999 extending his ETS to 31 May 2000; and 

b.  that on 20 May 2000, he executed DD Form 4/1 for a period of 6 years and a $5,000.00 reenlistment/extension bonus.  

BOARD VOTE:  

__wtm___  __aao___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Walter T. Morrison_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049398	
SUFFIX		
RECON		
DATE BOARDED	2001/07/31	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2000/05/31	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	102.0800.0000	
2.		
3.		
4.		
5.		
6.