MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          16 October 2003     
		DOCKET NUMBER:  AR2003086255

	I certify that hereinafter is recorded the record of consideration 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. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Mae M. Bullock		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That the period 29 November 1999 through             29 January 2000 be credited as active duty time.

APPLICANT STATES:  That he separated by reason of his expiration term of service on 21 November 1999 to enter the Active Guard/Reserve (AGR) program on 29 November 2000.  He should have had a break of only 7 days.  Because he signed his reserve contract while he was still on active duty, which is standard, he was told his contract was invalid.  He was told he had to go through the Military Entrance Processing station.  During all this, his orders arrived the day after he should have report for AGR training.  Since his orders were cut on        23 November 1999, he should have been able to get his orders on time.  However, because AGR entry classes are held 3 months apart, he had to wait until January 2000.  

As supporting evidence, the applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty); his separation orders (Headquarters, III Corps and Fort Hood Orders 274-0213 dated 1 October 1999); III Corps and Fort Hood 1st endorsement dated 6 October 1999 amending Orders 274-0213; U. S. Army Reserve Personnel Command (AR-PERSCOM) Orders R-11-007633 dated 23 November 1999; AR-PERSCOM Orders R-11-007633A01 dated 3 December 1999; an undated and unaddressed Memorandum for Record from the applicant; and his 6 October 1999 U. S. Army Reserve (USAR) enlistment contract.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 18 September 1991 and had continuous service until his expiration term of service on 21 November 1999.

The applicant enlisted in the USAR, as an in-service recruit, on 6 October 1999.  The 1st endorsement to Headquarters, III Corps and Fort Hood Orders 274-0213 dated 1 October 1999 required him to report to his troop program unit of assignment within 30 days of his discharge from active duty.

AR-PERSCOM Orders R-11-007633 dated 23 November 1999 ordered the applicant to active duty in an AGR status.  He was to report to AGR entry training effective 28 November 1999.  These orders apparently were not received by the applicant by 28 November 1999.  AR-PERSCOM Orders R-11-007633A01 dated 3 December 1999 amended his report date to AGR entry training to 30 January 2000.

Army Regulation 601-209 (In-Service Recruiting Program) establishes Department of the Army policy governing the In-Service Recruiting Program, which is designed to retain qualified service members within the Total Army.  

Army Regulation 601-280 (Army Retention Program) prescribes criteria for       the Army Retention Program for (1) immediate reenlistment or extension            of enlistment of soldiers currently serving in the Active Army and (2) enlistment/transfer and assignment of soldiers processing from the Active     Army to the Reserve Components of the Army.

Chapter 7 (Enlistment/Transfer Processing of Soldiers from the Regular Army to the Reserve Components), paragraph 7-9 of Army Regulation 601-280 states that soldiers enlisting or transferring into the USAR may consummate their enlistment transfer documents no earlier than 120 days prior to release from active duty.  Paragraph 11-8 states that the effective date of a Reserve Component enlistment is the day after discharge from the Regular Army.  The date on the enlistment or transfer documents will be the date the action is consummated.

In the processing of this case, an advisory opinion was obtained from the Director, Full Time Support Management Directorate, AR-PERSCOM.  That office recommended disapproval of the applicant's request.  That office noted that his 6 October 1999 USAR enlistment contract was a valid enlistment contract and there was nothing in their case tracking system to indicate that personnel at their office advised him he had an invalid enlistment contract.  That office noted that, although they do not know why the applicant did not receive his active duty orders sooner, since he missed his original report day he was rescheduled for the next available class and his orders amended accordingly.  He entered the USAR AGR Program on 30 January 2000 and that is the date his active duty time began.

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

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant consummated his enlistment in the USAR on 6 October 1999, well within the 120 days-prior-to-discharge period specified by Army Regulation 601-280.  There is no evidence to show that his enlistment in the USAR was invalid.

3.  The Board notes that the applicant was originally scheduled to enter active duty as an AGR on 28 November 1999, 7 days after he was separated from the Regular Army.  For an unknown reason, he did not receive those orders until after his report date to AGR entry training.  Having missed that training date, he was rescheduled for the next available training date on 30 January 2000.

4.  While it is regrettable the applicant missed his initially scheduled training date, it would not be equitable to credit him with active duty he did not serve.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao___  __hof___  __mmb___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR20030886255	
SUFFIX		
RECON		
DATE BOARDED	20031016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.