ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20160013248 APPLICANT REQUESTS: correction of his records to show he did not receive a reduction to his military service obligation (MSO). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2005, 2009, 2013, and 2015 DD Form 4 (Enlistment/Reenlistment Document) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was given an MSO reduction upon separation from active duty in 2009. He was recently advised that he was not supposed to receive such reduction. He has recently reenlisted for 3 years without a bonus during which time the error was identified. It was explained to him that during that time frame and due to his MOS (military occupational specialty), he was not eligible for the MSO reduction. 3. Review of the applicant's service records shows: a. He enlisted in the U.S. Army Reserve (USAR) for 8 years under the Delayed Entry Program (DEP) on 20 July 2005. He was discharged from the DEP on 10 August 2005 and enlisted in the Regular Army for 4 years on 11 August 2005. He held MOS 52D (Power Generation Equipment Repairer). b. Headquarters, 101st Airborne Division, Fort Campbell published Orders 141- 0600 on 21 May 2009 honorably separating him from active duty on 10 August 2009 with an MSO date of 28 July 2013 (8 years and 8 days from DEP enlistment). c. He was honorably released from active duty on 10 August 2009. He completed 4 years of active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in Block 6 (Reserve Obligation Termination date) 28 July 2013. d. He enlisted in the USAR for 3 years on 18 July 2009. This enlistment contract is not filed in his official records. e. He reenlisted in the USAR for 3 years on 13 January 2013, for another 3 years on 18 October 2015, and for another 6 years on 19 April 2018. f. He entered active duty on 14 August 2017 and he was honorably released from active duty on 27 September 2018. 4. The Reserve Component Transition Branch at the U.S. Army Human Resources Command, Fort Knox, rendered an advisory opinion on 25 June 2018 in the processing of this case. The HRC official stated that based on the review of the forwarded documentation and additional resources, his office is able to verify the applicant was given a Military Service Obligation (MSO) reduction and an Enlisted Affiliation Bonus (EAB) in accordance with the FY 2008 second half, Selective Reserve Incentive Program (SRIP) list as it was extended into FY 2009 at the time of his contractual agreement. He should have received a $10,000 bonus and his adjusted MSO date should have been 28 August 2012 as long as he was within good standing in the Reserve Component. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments. He did not respond. 6. By law (Title 10, U.S. Code, section 651), a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 is required to serve a period of 8 years. The MSO starts on the date of initial enlistment or appointment in the RA, ARNG, or USAR to include the Delayed Entry Program (DEP). DEP time is creditable in computing this date. 7. Service Reduction. The Military Service Obligation (MSO) program is available to Officers and enlisted Soldiers who have completed their initial Active Duty Service Obligation, but still have a portion of their eight-year MSO remaining. If a Soldier agrees to serve in the Army Reserve, their remaining MSO will be reduced by half. 8. The Fiscal Year 2008 second half, Selective Reserve Incentive Program (SRIP) list was extended into FY 2009 (at the time of his contractual agreement) authorized a $10,000 bonus enlistment bonus. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions, military record, and the advisory opinion were carefully considered. The advisory official noted he received a MSO reduction based upon a SRIP in effect at the time. Based upon the preponderance of the evidence, the Board determined there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 5/14/2020 X CHAIRPERSON Signed by: 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. REFERENCES: The law (10 U.S. Code, section 651) requires a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years. Reserve Obligation Termination Date. This is the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces. The MSO starts on the date of initial enlistment or appointment in the RA, ARNG, or USAR to include the Delayed Entry Program (DEP). DEP time is creditable in computing this date (see block 18 for additional requirements). For a Soldier discharged, dismissed, released from the custody and control of the Army or dropped from the Army rolls, or with an expired MSO, enter “0000 00 00”. Soldiers within 90 days of their MSO termination date at separation are considered to have completed their MSO. //NOTHING FOLLOWS//