PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           6 November 2001                  
	DOCKET NUMBER:   AR2001059123

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Donald P. Hupman		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 reenlistment contract (DD Form 4) be corrected to show that he reenlisted for a term of service which will bring him to, but not exceed, the date in which he will have 20 qualifying years of service for retired pay.

3.  The applicant states, in effect, that he was erroneously reenlisted for a term of service which established his Expiration Term of Service (ETS) past the date he turned age 60.  This error was discovered when he requested an exception to policy to be retained beyond age 60 to attain retirement eligibility.

4.  Documentation pertaining to the applicant’s erroneous reenlistment has been provided with his application which show that, while assigned to a USAR Troop Program Unit (TPU) as a drilling reservist in pay grade E-4, on 9 August 1998 the applicant immediately reenlisted for 6 years, giving him a new ETS of 8 August 2004.

5.  On 18 May 2001 the applicant’s unit commander submitted a request for an exception to policy to retain the applicant beyond age 60 to allow him to earn retirement eligibility.  His commander stated that he would reach age 60 on 10 July 2001 but would not reach retirement eligibility until 12 October 2002.

6.  On 29 June 2001 the Office of the Chief, Army Reserve (OCAR), approved an exception to policy to retain the applicant beyond age 60.  The OCAR also directed the applicant’s command to take steps to correct his ETS.

7.  Army Regulation 140-111, Table 2-3, Line 8, states that soldiers who are between age 55 and 59 can only reenlist for the number of months or years required to reach the last day of the month in which the member attains age 60.  Paragraph 5-10 of this regulation specifically prohibits the correction of the term of service or effective date of a reenlistment without the approval of this Board.

CONCLUSIONS:

1.  An obvious error was made in reenlisting the applicant for a term of service which established his ETS beyond the date he would turn age 60, without having an approved exception to policy to do so.  

2.  The OCAR has determined that an exception to policy was warranted in the applicant’s case to allow him to reach retirement eligibility.

3.  The Board concurs with the OCAR’s assessment and will recommend correcting the applicant’s reenlistment contract to show that he reenlisted for the days, months and years necessary for him to attain retirement eligibility.

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 showing that the individual concerned reenlisted on 9 August 1998 for the days, months and years to establish his ETS as 31 October 2002.

BOARD VOTE:  

___dph__  ____dsj _  ____eja__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Deborah S. Jacobs____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059123	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011106	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.03	
2.		
3.		
4.		
5.		
6.