PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              9 October 2003
	DOCKET NUMBER:      AR2003086539

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		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 her reenlistment documents be corrected to show she enlisted in the Army Reserve on 4 May 2000 vice 4 March 2000.

3.  The applicant states that the date of authentication on her reenlistment contract was incorrect including all documents and addendums.  She claims that the career counselor dated the entire reenlistment for 4 March 2000 when she actually reenlisted and signed the contract on 4 May 2000.  She further stated that this issue has affected her receiving reenlistment incentives.  

4.  In support of her application, she submitted a letter from the Assistant Inspector General, Headquarters, 99th Regional Support Command, Coraopolis, Pennsylvania; four memorandums requesting an Exception to Policy; two personal statements; her DD Form 214 (Certificate of Release or Discharge from Active Duty); transition orders and a memorandum from the Reserve Component Career Counselor; a DA Form 5691-R (Request for Reserve Component Assignment Orders), dated 4 March 2000; her DD Form 4/1 (Enlistment/ Reenlistment Document), dated 4 March 2000 with addendums; a memorandum from the Headquarters, Fort McCoy, Wisconsin with a "Corrected Copy" of her DA Form 5261-4-R (Student Loan Repayment Addendum); two DD Forms 2475 (DOD Educational Loan Repayment Program Annual Application); an application and promissory note for Federal Stafford Loans; a "Corrected Copy" of her DA Form 5691-R, dated 4 May 2000; and a "Corrected Copy" of her DD Form 4/1, dated 4 May 2000 with addendums.

5.  The applicant’s military records show that she enlisted in the Regular Army on 26 July 1988 and served continuously until her separation.

6.  The applicant provided a copy of a enlistment/reenlistment contract which shows her date of enlistment in the Army Reserve as "4 March 2000."  

7.  The applicant provided a "CORRECTED COPY" of her enlistment/reenlistment contract which indicates that she actually enlisted in the Army Reserve on 4 May 2000.

8.  The applicant was honorably discharged from the Regular Army on 24 June 2000.

9.  A 99th Regional Support Command memorandum dated 6 May 2002, Subject: Exception to Policy, requested that the applicant be granted an exception to policy because she should not be penalized due to an administrative error made by the unit's Retention NCO.

10.  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.

11.  Army Regulation 601-280 (Army Retention Program), chapter 7 (Enlistment/Transfer Processing of soldiers from the Regular Army to the Reserve Components), paragraph 7-9 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.  

12.  Army Regulation 140-111, paragraph 5-10 states 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. 

CONCLUSIONS:

1.  The Board accepts the 99th Regional Support Command memorandum as sufficient evidence to show she enlisted in the Army Reserve on 4 May 2000.  However, an error was made on the enlistment/reenlistment documents, DD Forms 4/1, 4/2 and addendums which showed her enlistment date as 4 March 2000.

2.  The Board notes that an attempt was made to correct the applicant's enlistment contract by issuance of a "CORRECTED COPY."  However, the Board is the delegated authority for a correction that corrects the term of service or effective date of a reenlistment agreement in accordance with Army Regulations 140-111 and 15-185.

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 amending the DD Forms 4/1, 4/2 and all related documents to show the applicant enlisted in the Army Reserve on 4 May 2000.

BOARD VOTE:  

RVO____  RJO_____  ECP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2003086539	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	112.0000	
2.		
3.		
4.		
5.		
6.