OTH Discharge

[Twatkins99]

I'm looking for advice on my OTH discharge. I served on Active Duty in the Army from 2000-2002 and then went into the IRR. In late 2004, I received deployment orders out of the IRR and served from Feb. 2005-June 2006. After my deployment, I went back into the IRR.

In late 2007, I started thinking about joining a Reserves unit so I went to a Reserves recruiter for more information. The recruiter told me that since my contract was up in less than 90 days, I would have to do a 3 month extension in order to transfer to a reserves unit. I told him that I wasn't yet sure if I wanted to join a reserves unit but I would go ahead and do the extension just in case. My original contract was up on Feb. 1, 2008. After the extension, my ETS was changed to May 1, 2008. I started feeling pressured by the recruiter to sign a contract right away so I decided not to join at that time.

A couple of weeks later, I received a call from a career counselor who received my phone number from the recruiter. When I went to go see him, I signed a contract to transfer into a reserves unit. He told me that after I reported to the unit, if I decided to stay in, that the unit would process my reenlistment.

I reported to the unit and drilled in Jan, Feb, and March. I decided not to reenlisted and never returned to drill after March, but mistakenly assumed that they would discharge me in May, since my contract would be over. In April, I logged onto the Army Human Resources site to check my record and noticed that my ETS date was changed to Nov. 2013, exactly 6 years after I signed my 3 month extension. I assume the recruiter punched in the wrong date when processing the extension. I called Army Human Resources to get it changed but they told me that they couldn't change the date without the extension contract. I called the career counselor but he didn't have a copy since he didn't process the contract. I called the recruiter but he said he didn't keep a copy since he didn't process the transfer to the unit. I had recently moved and misplaced some things in the process, so I no longer had my personal copy either. A few weeks later, I called Human Resources back. They told me that they requested a copy of the extension contract from my reserves unit but the unit didn't have a copy either. Human Resources still refused to change my ETS date. At this point, my records showed an ETS date of Nov. 2013 although I never reenlisted, but no one is willing to fix it for me.

In July 2008, I received an OTH discharge in the mail, although my contract was up in May 2008. The discharge paperwork also listed my original ETS as Nov. 2013. I don't think the unit who recommended the discharge even knew that my ETS was supposed to be in May 2008. I really want to get this fixed but I'm not sure what to do. I'd like to apply for an upgrade but I don't really know what paperwork to submit as supporting documentation. Does anyone have an idea of how I can get this mess fixed?What is the name of your state (only U.S. law)? Also, the orders transferring me from the IRR to a TPU had the wrong ETS date also. Since the date was wrong, are they even valid?

Thanks to anyone who can help me out.

[SHORTY LONG]

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