BOARD DATE: 15 September 2016 DOCKET NUMBER: AR20160011030 BOARD VOTE: __x_______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 September 2016 DOCKET NUMBER: AR20160011030 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the following forms were properly signed and executed on 10 October 2001 with an effective date of 21 October 2001: a.  DA Form 4 for enlistment in the U.S. Army Reserve a period of 3 years in the grade of E-5, b.  DA Form 3540-R, and c.  DA Form 5435-R. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 15 September 2016 DOCKET NUMBER: AR20160011030 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show the following forms were executed on 10 October 2001 and accepted for filing: a.  a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) for enlistment in the U.S. Army Reserve (USAR) for a 3-year period in the grade of E-5, b.  a DA Form 3540-R (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment), and c.  a DA Form 5435-R (Statement of Understanding – The Selected Reserve Montgomery GI Bill). 2. The applicant states: a.  When he was transferring from active duty in the Regular Army to the USAR Active Guard Reserve (AGR) Program in 2001, the copy of the contract that was uploaded into the interactive Personnel Electronic Records Management System did not have any signatures. b.  He believes the wrong documents were uploaded into the system. He received his orders during his out-processing and he completed all the required training to become an AGR Soldier without issues. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Headquarters, 3d Infantry Division (Mechanized) and Fort Stewart, Orders 200-0031, dated 19 July 2001 * DD Form 2648 (Pre-Separation Counseling Checklist), dated 17 April 2001 * DA Form 2-1 (Personnel Qualification Record – Part II) * Enlisted Record Brief, dated 17 July 2001 * USAR Personnel Command Orders R-10-106582, dated 30 October 2001 * USAR Personnel Command Orders R-10-106582A01, dated 29 November 2001 * three DD Forms 4 * DA Form 3540-R * DA Form 5435-R * Headquarters, Department of the Army, memorandum, dated 10 October 2001, subject: Incoming Transitioning Soldier * DA Form 5691-R (Request for Reserve Component Assignment Orders) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * U.S. Army Human Resources Command (HRC) Orders R-10-106582A02, dated 3 May 2004 * email * DA Form 3286-E (Statements for Reenlistment) * DA Form 3340 (Request for Reenlistment or Extension in the Regular Army) CONSIDERATION OF EVIDENCE: 1. Having prior periods of honorable enlisted service in the Regular Army and Army National Guard, the applicant enlisted in the USAR on 12 January 1995 for a period of 3 years. 2. On 1 October 1996, he was discharged from the USAR for immediate enlistment in the Regular Army. 3. He enlisted in the Regular Army for a period of 4 years on 2 October 1996. 4. On 21 October 1999, he reenlisted in the Regular Army for a period of 2 years. 5. He provided copies of the following unsigned documents, dated 10 October 2001: DD Form 4; DA Form 3540-R; DA Form 5435-R; and a memorandum to the Commander, Headquarters and Headquarters Company, 3d Battalion, 348th Regiment, showing he had been contracted to the unit upon his release from active duty/discharge. However, his records are void of a valid enlistment contract. 6. On 20 October 2001, he was honorably discharged. His DD Form 214 shows he was separated on temporary records and he was transferred to Headquarters and Headquarters Company, 3d Battalion, 348th Regiment. 7. USAR Personnel Command Orders R-10-106582, dated 30 October 2001, show he was ordered to active duty in an AGR status for a 3-year period effective 25 November 2001. 8. His DA Form 4836, dated 5 December 2001, shows he extended his 10 October 2001 3-year enlistment for a period of 1 month and 15 days. 9. On 7 November 2004, he reenlisted in the USAR for an indefinite period. 10. Email provided by the applicant shows that on 8 April 2016: a.  HRC acknowledged he was accessed into the AGR Program within a few days of his Regular Army discharge and an enlistment contract and/or oath of extension should have been generated through AGR Retention as part of his AGR accession packet. An antedated contract was requested to validate his continuous service from 21 October 2011 through 6 November 2004. b.  The applicant advised HRC he did not have copies of a signed contract, dated 10 October 2001, or orders. 11. On 11 April 2016, HRC advised the applicant that: a.  Technically, he was discharged from the Regular Army on 20 October 2001 at the expiration of his reenlistment contract and he remained a civilian until he executed an enlistment contract on 7 November 2004. b.  The time frame from 21 October 2001 through 6 November 2004 might be classified as a civilian break in service and might cause a possible pay entry base date adjustment which could possibly effect his pay and his total active Federal service and basic active service dates. c.  His DA Form 5016 (Chronological Record of Military Service) and DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) would be updated to reflect the period 21 October 2001 through 6 November 2004 as continuous military service; however, this could become a future potential issue as the time frame without an enlistment contract could not be officially validated as continuous military service. He was directed to the Army Review Boards Agency. 12. His DA Form 5016, dated 9 September 2016, does not show he had a break in service during the period 21 October 2001 through 6 November 2004. REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons with or without prior service in the Regular Army, USAR, and Army National Guard (ARNG). a.  The DD Form 4, together with appropriate annexes, is the only valid agreement that exists between the person and the Department of the Army for enlistment in the Regular Army or the USAR; or between the person and the National Guard Bureau for enlistment in the ARNG. For continued Regular Army, USAR, or ARNG membership, when the term of service agreed to in such an agreement expires, one of the following applies: (1)  The agreement will be extended. (2)  A new DD Form 4 and oath of enlistment will be executed. b.  A transfer order (reassignment order) is a personnel management action that may be taken for a person during the period of service while an enlistment agreement is in effect. This order never alters terms of an enlistment agreement and never replaces an enlistment agreement. 2. Army Regulation 135-18 (The AGR Program) establishes policies and prescribes procedures for obtaining, administering, and separating Army National Guard of the United States and USAR Soldiers serving as members of the AGR Program. The accession process states HRC will publish orders placing USAR personnel on active duty in an AGR status and AGR Soldiers will be ordered to active duty or Full Time National Guard Duty for an initial 3-year period. 3. Army Regulation 140-30 (Active Duty in Support of the USAR and AGR Management Program) prescribes policy and procedures for selecting, assigning, attaching, using, managing, and administering USAR Soldiers on active duty in the AGR Program. a.  Qualification requirements state, in part, to be eligible for the AGR Program, Soldiers entering on an initial or subsequent AGR tour must sign a DA Form 5646-R (Statement of Conditions of Service – AGR). b.  The accession process states, in part, orders to active duty in an AGR status with temporary duty en route to the USAR Readiness Training Center, Fort McCoy, WI, will be issued. DISCUSSION: 1. The evidence of record shows the applicant was honorably discharged on 20 October 2001 and he was he was transferred to Headquarters and Headquarters Company, 3d Battalion, 348th Regiment. 2. Orders show he was ordered to active duty in an AGR status on 25 November 2001 for a 3-year period. 3. His records are void of a valid enlistment/reenlistment contract extending his military affiliation after 20 October 2001 and prior to his reenlistment on 6 November 2004. 4. A DA Form 4, DA Form 3540-R, and DA Form 5435-R should have been generated prior to his discharge from the Regular Army with an effective date of 21 October 2001. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011030 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011030 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2