BOARD DATE: 20 March 2018 DOCKET NUMBER: AR20160007760 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 March 2018 DOCKET NUMBER: AR20160007760 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________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: 20 March 2018 DOCKET NUMBER: AR20160007760 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 17 February 2011 DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) expiration term of service (ETS) date and military service obligation (MSO) date to show a nonprior service enlistment in the U.S Army Reserve (USAR) for 6 years in a Troop Program Unit (TPU) and 2 years in the Individual Ready Reserve (IRR) under the 6 X 2 enlistment program. 2. The applicant states he had active service from 20 September 2000 to 8 December 2000, but was discharged prior to completing basic and advanced individual training. In 2011 he was allowed to enlist in the USAR. At the time he received a nonprior service (NPS) enlistment bonus; therefore, his contract should be a NPS contract. However, his 2011 enlistment contract reflects a 6 X 0 obligation instead of a 6 X 2 as required by an NPS enlistment into the USAR. 3. The applicant provides: * 3 August 2000 DD Form 4 * 27 September 2000 SGLV Form 8286 (Servicemember's Group Life Insurance Election and Certificate) * 4 December 2000 DD Form 2648 (Preseparation Counseling Checklist) * 7 December 2000 reassignment orders * 8 December 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) * 2000 DA Form 2-1 (Personnel Qualification Record) * 2011 DD Form 4 * 10 February 2012 DD Form 214 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army Reserve for 8 years on 3 August 2000 in the Delayed Entry Program. He was discharged from the Delayed Entry Program on 20 September 2000 and immediately enlisted in the Regular Army on the same date as shown on his DD Form 4. He also entered active duty on 20 September 2000. 2. On 8 December 2000 he was discharged from the Regular Army with uncharacterized service for failure to meet procurement medical fitness standards under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11. He was issued a DD Form 214 showing he completed 2 months and 19 days of Regular Army service. 3. After a considerable break in service, the applicant enlisted in the Army Reserve on 17 February 2011. His DD Form 4 shows he enlisted for a 6-year Reserve component service obligation. This established his expiration of term of service date of 16 February 2017. The form states, "If this is an initial enlistment, I must serve a total of eight (8) years, unless I am sooner discharged or otherwise extended by the appropriate authority." It further established his statutory military service obligation date as 16 February 2019. a. He also completed DA Form 3540 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Re-enlisting, or Transferring into Troop Program Units of the U.S. Army Reserve). b. He completed the Student Loan Repayment Program (SLRP) Addendum acknowledging he met the program eligibility criteria stating he had prior service and was contracting for a minimum of 3 years. He contracted for military occupational skill (MOS) 88H (Cargo Specialist) and an approved (maximum) $20,000 SLRP incentive. c. He completed Selected Reserve Incentive Program – Enlistment Bonus Addendum. In Section III (Acknowledgement) he stated he had never previously served one or more days of active duty or active duty for training. He enlisted for concurrent assignment to a Selected Reserve unit for 6 years in MOS 88H. 4. The applicant entered active duty on 19 September 2011 for training. He served on active duty through 10 February 2012 and was awarded MOS 88H On 10 February 2012 he was released from active duty training and was issued a DD Form 214 for this period of service. 5. On 12 February 2016, the applicant mobilized with his Reserve unit in support of Operation Freedom's Sentinel with duty in Kuwait. 6. On 27 May 2016, the applicant reenlisted in the Army Reserve for 6 years. a. His "Corrected Copy" DD Form 4/1 shows he contracted for an enlistment bonus. Additional instructions state, "I understand that the effective date of my reenlistment is one day following my current ETS of 20170216 [16 February 2017], therefore the effective date is 20170217 [17 February 2017]. I further understand that any reenlistment bonus payments will begin on the effective date. This contract expires on (ETS) 20230216 [16 February 2023]." b. He also completed an addendum to DD Form 4, Selected Reserve Incentive Program – U.S. Army Reserve Reenlistment Bonus Program. He reenlisted for 6 years for a $10,000 bonus. 7. On 29 January 2017 the applicant was released from active duty upon completion of his required service. He was issued a DD Form 214 showing he served 11 months and 18 days of active duty with 8 months and 20 days of foreign service. He was transferred back to his unit. 8. An advisory opinion, dated 14 September 2016, was obtained from the Chief, Personnel Management Division, Headquarters, USAR Command. The opining official recommended denying the applicant's request. In pertinent part the official states: a. The applicant signed his initial enlistment contract for the Army on 3 August 2000, entered the Regular Army on 20 September 2000, and was discharged on 8 December 2000 with less than 180 days of active service. He was not awarded an MOS. b. By regulation, the applicant is considered a "glossary NPS" and should have enlisted in the USAR under all applicable provisions as an NPS enlistee. c. NPS enlistees with credible time served must enlist for a period of years, months, and days equal to the unfilled portion of their original MSO or may select one of the authorized periods of enlistment not to exceed the original MSO. d. Enlistment under the 6 X 2 provisions would have establish his ETS beyond his original MSO. Therefore, by regulation he elected an authorized period of enlistment not to exceed his original MSO. 9. The applicant was mailed a copy of the advisory opinion. He did not respond. REFERENCES: 1. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) states persons who apply for enlistment in the Army Reserve must meet eligibility criteria including for the MOS in which they are enlisting. a. Service in the USAR is either statutory or contractual. Under the provisions of Title 10, U.S. Code, section 561, each person who becomes a member of the U.S Armed Force, either by enlistment, appointment, or induction, will serve in the U.S Armed Force for a total initial period of 8 years. Any part of such service that is not active duty will be performed in the Reserve Component. A person’s statutory MOS runs concurrently with a contractual MSO. b. Each person who enlists or reenlists in the U.S. Armed Force executes a contractual agreement (DD Form 4) establishing the terms of service to be performed. Following the fulfillment of the statutory obligation, any subsequent military service is served according to the terms of the contractual agreement governing the Soldier’s current enlistment period. c. Persons considered NPS, but who had previously separated from any component of the U.S. Armed Forces with fewer than 180 days and were not awarded an MOS on active duty, are identified as "glossary NPS." All provisions applicable to NPS are also applicable to "glossary NPS" unless a specific exception exists. d. Nonprior service applicants with credible time served must enlist for a period of years, months, and days equal to the unfulfilled portion of their original MSO or may select one of the authorized periods of enlistment not to exceed the original MSO. DISCUSSION: The applicant enlisted on 11 February 2011 as "glossary NPS." He had prior active service of 2 months and 19 days. As he was a "glossary NPS" enlistee, his few months on active duty are considered part of his statutory military service obligation. Thus he could not contract for a 6 X 2 enlistment program because he would have exceeded his military statutory service obligation of 8 years by 2 months and 19 days. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007760 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007760 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2