PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 October 2003   
	DOCKET NUMBER:    AR2003084768

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 reenlistment contract be corrected to show he reenlisted in the U. S. Army Reserve (USAR) on 14 February 2000.

3.  The applicant states, in effect, that he reenlisted on 14 February 2000 but his DD Form 4/1 (Enlistment /Reenlistment Document Armed Forces of the United States) erroneously shows he reenlisted on 14 January 2000.  All his other reenlistment documents correctly show he reenlisted on 14 February 2000.  His unit attempted to correct the error by creating a new reenlistment document but it has not been accepted.  He is being denied entitlement to a reenlistment bonus and the Student Loan Repayment Program, incentives for which he reenlisted, due to the error.

4.  The applicant’s military records show that, after having had prior service, he reenlisted in the USAR on 14 February 2000.  All of his reenlistment documents show he reenlisted on 14 February 2000; however, 14 January 2000 was entered on his DD Form 4/1.

5.  Army Regulation 140-111 (U. S. Army Reserve Reenlistment Program) states, in pertinent part, that a correction to the term of service or the effective date of a reenlistment agreement is prohibited.  The regulation states that the soldier must petition the Board for correction consideration per Army Regulation 15-185. Authority to correct administrative or typographical errors that will not affect the term of service or the effective date of the enlistment document is delegated to the immediate commander or the commander's designee.

6.  In the processing of this case, an advisory opinion was obtained from Headquarters, U. S. Army Reserve Command.  That command recommended approval of the applicant's request as the error was due to a typographical error.  In addition, the applicant has been denied the incentives for which he reenlisted due to the error. 

7.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  Based upon the evidence of record and the advisory opinion, the applicant reenlisted in the USAR on 14 February 2000.  However, an error was made on his DD Form 4/1 and the date 14 January 2000 was entered on that document.  The Board is the authority for correction of an error on an enlistment document regarding the effective date of a reenlistment agreement.

2.  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 amending the DD Form 4/1 to show the applicant reenlisted in the USAR on 14 February 2000.

BOARD VOTE:  

__mhm___  __wdp___  __fcj___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084768	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	112.05	
2.		
3.		
4.		
5.		
6.