BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160019537 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: 30 May 2017 DOCKET NUMBER: AR20160019537 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 correcting paragraph 8 of the applicant's DD Form 4 (Enlistment/Reenlistment Document), dated 13 June 2008, to show she enlisted for 8 years and 0 weeks (instead of 6 years and 0 weeks) to be served in the Reserve Component in which she had enlisted. __________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: 30 May 2017 DOCKET NUMBER: AR20160019537 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 correction of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) to show she enlisted on 13 June 2008 for 6 years instead of 8 years. 2. On 21 March 2017, the applicant revised her application and requested correction of her enlistment contract to show she enlisted for 8 years through 13 June 2016. 3. The applicant states: * her enlistment contract, drafted at the Military Entrance Processing Station on 13 June 2008, should read she enlisted for 6 years, not 8 years * the error has effected the expiration term of service (ETS) date; it should have been 12 June 2014 instead of 12 June 2016 * she was a prior service Soldier at the time she enlisted and signed the contract; therefore it cannot be an 8 year contract 4. The applicant provides her DD Form 4, dated 13 June 2008; DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States); and Reserve Annex. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) for a 4-year term on 19 January 2000. She held military occupational specialty 92A (Automated Logistics Specialist). 2. She was honorably released from active duty on 18 January 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement). Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 4 years of active duty. Her Reserve obligation termination date is listed as 18 January 2008. 3. She enlisted in the Regular Army for a 3-year term on 25 January 2005. She was honorably discharged on 24 January 2008. Her DD Form 214 shows she completed 3 years of active duty. Her Reserve obligation termination date is listed as not applicable because she had no military service obligations. 4. She enlisted in the U.S. Army Reserve for 6 years on 13 June 2008. The front page of her DD Form 4 states "I am enlisting in the United States Army Reserve this date for 8 years and 0 weeks beginning in pay grade E-5 of which 0 years and 0 weeks is considered an active duty obligation and 6 years and 0 weeks will be served in a Reserve Component of the Service for which I have enlisted." Additionally: * Section II (Examination and Entrance Data Processing Codes) of her DD Form 1966/1 shows her military service obligation (MSO) is 6 years and her Reserve Component obligation is 6 years * Item 32 (Specific Option/Program Enlisted For) of her DD Form 1966/3 shows she enlisted for 6 years as a prior service enlistee and qualified for several incentives; one of her options was enlistment for assignment to a troop program unit (TPU) (203rd Military Intelligence Battalion) 5. She entered active duty for training on 5 December 2008 and she was honorably released from active duty for training on 13 March 2009. Her DD Form 214 show she completed 3 months and 9 days of active duty. 6. She is currently assigned to a TPU of the U.S. Army Reserve, 75th Training Command Southern Division, Gatesville, TX. REFERENCES: 1. Army Regulation 601-280 (Army Retention Program) prescribes criteria for the Army Retention Program and sets forth policies, command responsibilities for: immediate reenlistment or extension of enlistment of Soldiers currently serving in the Active Army; and enlistment and/or transfer and assignment of Soldiers processing from the Regular Army to the Reserve Components of the Army. 2. Army Regulation 601-210 (Active and Reserve Component Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service , into the Regular Army, the Army Reserve, and the Army National Guard (ARNG). It provides policies and procedures to process applicants for enlistment. Paragraph 3-15 (Authorized enlistment periods) states: a. Paragraph 3-15(a), enlistment for prior service applicants in the Regular Army is authorized for a period of at least 3 years but not more than 6 years. b. Paragraph 3-15d, prior service applicants 18 through 57 years of age with no remaining MSO who can qualify for retired pay by age 62 may enlist in the U.S. Army Reserve for assignment to a TPU for 1 but not more than 8 years, or they may enlist in the U.S. Army Reserve for assignment to U.S. Army Reserve Control Group (Reinforcement) for a period of 3 through 8 years. c. Paragraph 3-15f, prior service applicants with no remaining military service obligations may select their term of service as follows: (1) Enlistment for assignment to TPU of the Selected Reserve may be for 1, 2, 3, 4, 5, 6, 7, or 8 years. The entire period of the enlistment will be with a TPU of the Selected Reserve. (2) Enlistment in the U.S. Army Reserve for assignment to the Control Group (Reinforcement) is authorized for persons with no remaining statutory obligation. Enlistment may be for 3, 4, 5, 6, 7, or 8 years, except as otherwise provided for in chapter 9. The period of enlistment will be served in the Individual Ready Reserve (The exception is one in which the member is voluntarily transferred to a TPU of the Selected Reserve during the period of enlistment). DISCUSSION: 1. The applicant previously served in the Regular Army from 19 January 2000 to 18 January 2004, for 4 years. Her Reserve obligation termination date was 18 January 2008. She again served in the Regular Army from 25 January 2005 to 24 January 2008, for 3 years. When she was discharged, she had no MSO. 2. She enlisted in the U.S. Army Reserve on 13 June 2008 as a prior service Soldier, for assignment to a TPU, the 203rd Military Intelligence Battalion. Her enlistment contract shows she enlisted in the U.S. Army Reserve for 8 years, of which 6 years would be served in the Selected Reserve. 3. As a result of listing 8 years on her enlistment contract, her ETS date was set for 12 June 2016. She contends that if the enlistment contract had been correct, her ETS would have been 12 June 2014. Enlistment for assignment to TPU of the Selected Reserve may be for 1, 2, 3, 4, 5, 6, 7, or 8 years. The entire period of the enlistment will be with a TPU of the Selected Reserve. She enlisted for a TPU and it is possible she enlisted for 8 years, not 6. 4. The evidence shows she continued to serve, ultimately completing 8 years of service in the Selected Reserve. At this point, the discrepancy on her DD Form 4 dated 13 June 2008 is not that the form shows she enlisted for 8 years, but that she enlisted for 8 years and was only obligated to perform 6 years of service in the Reserve Component in which she enlisted. Since she has already performed the service, this may be corrected by showing she was obligated to perform 8 years of service in the Reserve Component in which she enlisted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2