ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 October 2019 DOCKET NUMBER: AR20170011902 APPLICANT REQUESTS: correction of her Enlistment Contract, dated 25 February 2013, to show she enlisted for 8 years vice 6 years. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 3540 (Certificate of Acknowledgement – U.S. Army Reserve (USAR) Service Requirements and Method of Fulfillment) * DD Form 4 (Enlistment/Reenlistment Document), dated 10 December 2010 * DD Form 4, dated 25 February 2013 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 her current contract signed on 20130225 at the Military Entrance Processing Station (MEPS) is a 6-year contract; contract should 8 years total: 6 years active Reserves and 2 years in the Individual Ready Reserve (IRR), with a pay entry date of 20120902 from previous contract DEP (Delayed Entry Program). She originally joined 20101210 on 4 x 4 contract; aggravated prior existing condition during basic training and she was discharged on 2 June 2011 at Fort Sill, OK. She did not complete her original contract when discharged on 20110602. Her first contract was for 8 years. 3. Review of the applicant’s service records shows: a. She enlisted in the USAR under the DEP for 8 years on 10 December 2010. Her statutory military service obligations (MSO) would have terminated 8 years later on 9 December 2018. b. She was discharged from the DEP on 9 May 2011 and enlisted in the Regular Army on 10 May 2011 for 4 years. However, during training, she was processed for separation due to a preexisting condition. c. She was discharged on 2 June 2011 for failing medical procurement standards. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 23 days of active service, she was in the DEP from 10 December 2010 to 9 May 2011 (6 months), and she had no MSO (Block 6 (Reserve Obligation Termination Date)). d. She enlisted in the USAR for 6 years on 25 February 2013. Her DD Form 4 shows the term of her enlistment was 6 years. The DA Form 3540 explains the service requirements and method of fulfillment. e. She entered active duty for training (ADT) on 19 March 2013 and completed the Health care Specialist Course. She was released from ADT on 20 September 2013. Her DD Form 214 shows she completed 6 months and 2 days of active service, and she had no MSO. f. She reentered active duty on 17 July 2014 and served in Afghanistan from August 2014 to May 2015. She was honorably released from active duty on 12 June 2015. Her DD Form 214 shows she completed 10 months and 26 days of active service, and had an MSO through 1 September 2020. g. She reenlisted in the USAR for 6 years on 10 March 2018. She currently continues to serve in the USAR. She understood that the effective date of her reenlistment is one day following the current expiration term of service (20190224) and therefore the effective date is 20190225. This contract expires on 20250224. 4. By regulation (AR 601-280), paragraph 7-7(b), USAR unit enlistment and/or transfer periods. Soldiers with a remaining MSO of less than 1 year must enlist for a minimum of 1 year to join a USAR troop program unit. Soldiers with a remaining MSO of 1 or more years may transfer to a USAR troop program unit for the remainder of their MSO, enlist for 1, 2, 3, 4, 5, or 6 years up to their remaining MSO, or choose to enlist for any number of whole years in excess of their remaining MSO, up to 6 years. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Board members recognize that the statutory obligation for a non-prior service enlisted Soldier is 8 years and the contractual obligation depends on the numbers of years spelled out in the enlistment contract. Board members also noted that by regulation, she could only come back for 6 years. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found the applicant’s 2013 enlistment contract is correct and requires no further correction. 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. 11/12/2019 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: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 601-280 (Army Retention Program), prescribes the criteria for the Army Retention Program. For those Soldiers serving in the Regular Army, it outlines requirements for immediate continued service of enlistment. For those Soldiers separating from the Regular Army, it prescribes eligibility criteria and options for enlistment or transfer into the Reserve Component (U.S. Army Reserve and Army National Guard). Paragraph 7-7 provides for Enlistment and transfer periods for assignment. Sub-paragraph 7-7(b) states United States Army Reserve unit enlistment and/or transfer periods. Soldiers with a remaining MSO: * Of less than 1 year must enlist for a minimum of 1 year to join a USAR troop program unit * Of 1 or more years may transfer to a USAR troop program unit for the remainder of their MSO, enlist for 1, 2, 3, 4, 5, or 6 years up to their remaining MSO, or choose to enlist for any number of whole years in excess of their remaining MSO, up to 6 years * Soldiers without a remaining MSO, or those with less than 3 months remaining upon ETS may enlist into a USAR troop program unit for a period of 1, 2, 3, 4, 5, or 6 years; or the IRR for a period of 3, 4, 5, or 6 years NOTHING FOLLOWS