Incorrectly reenlisted?

2019-08-05T09:04:05-04:00

I will try to explain this in the shortest way possible.

Joined the NG in DEC 2011, was a junior in high school at the time. Told them to give me the longest contract. They put me in for an 8 year contract, two years RSP and six at my actual unit. My initial contract paperwork signed at MEPS reflects this.

Come MAR 2017, my 1stSGT comes to me and tells me I'm a year out from my ETS and asks about reenlistment. I said yes and told him to put me in for another six. So much time had passed (at that point 6 years) I didnt even realize or remember for that fact about my initial 8 year contract, but if a 1stSGT comes to me and tells me something, I'm going to believe him.

The point of all of this is that according to my initial contract, my ETS shouldnt have been until DEC 2019. They asked me about reenlistment two years early and somehow it got approved. I have taken all of this to S1, and they sent me home stating that there is no such thing as an eight year contract, despite it physically being in their hands on the paperwork I provided. I am trying to get my current reenlistment contact nullified and have my record changed to reflect that I am currently still in my first contract so I can reenlist with my new unit in the NJ NG. What are your thoughts on all of this. Have any of you heard of a 2+6 contract? How could my reenlistment been approved if I wasnt less than a year from my ETS.

Thank you for your time.

Response by MSgt Michael Smith made Aug 5 at 2019 9:10 AM

2019-08-05T09:10:20-04:00

My guess: 2+6 means 6 years active, 2 years inactive reserve, the same way 4+4 means 4 active, 4 inactive reserve. Now, when you reenlist, as soon as you go past the first enlistment date, you start the 2nd active time, while simultaneously serving the inactive reserve time. Very confusing and this is just a guess based on my own crazy reenlistment experiences.

Response by SGT Javier Silva made Aug 5 at 2019 9:15 AM

2019-08-05T09:15:34-04:00

It is going to be extremely difficult to nullify a valid contract. One thing to remember is this: It is the SOLDIER's responsibility to remember their contract. Your reenlistment contract would not start until the expiration of your first enlistment contract. Your contract is your contract, whether it is a short- or long-term contact. Why don't you just transfer to the NJ ANG?

I will also defer to SFC Private RallyPoint Member or SFC Private RallyPoint Member on the subject.

Response by CPT Lawrence Cable made Aug 5 at 2019 9:40 AM

2019-08-05T09:40:44-04:00

I believe that the good MSgt has the correct response. If you signed up for 6 and 2, it's six years active reserve plus two years inactive. The active part of your contract ends at six years and you have to re enlist to stay active after that point. So you are actually two years into your current contract with eight years of active reserve time if I understand your narrative correctly. Is your current ETS is 2023, then that is two active reserve enlistments and it is correct.
Yes, the 8 year commitment thing is confusing as hell.

Response by CPT Private RallyPoint Member made Aug 5 at 2019 9:49 AM

2019-08-05T09:49:44-04:00

I’m leaning towards everything being valid because you signed a new contract. As others have stated, it’s ultimately your responsibility to ensure everything regarding your soldier data is correct.

Response by 1SG Private RallyPoint Member made Aug 5 at 2019 10:55 AM

2019-08-05T10:55:56-04:00

You didn't reenlist early.
Read the original NGB Form 21, Annex A, DD Form 4.
You should note that you likely initialed where it states: "Initial enlistment of a non-prior service member..... I will incur a statutory military service obligation of eight years."
The line is where it would state the number of years you signed up for with regard to the ARNG--"The enlistment option I have selected...Army National Guard unit for a period of ___" and member of IRR or ING "for the balance of my eight year service obligation."
What number does is reflected there?
Likely, it reads "6." So, if you didn't reenlist in 2017, you wouldn't have remained in the ARNG.
If it reads 8, I'm certain someone will be able to address that.

Response by SMSgt Private RallyPoint Member made Aug 5 at 2019 11:28 AM

2019-08-05T11:28:30-04:00

I was a personnelist in the Navy and then a paralegal in the Air Guard - your ETS - is the last day of the six years - the other 2 inactive reserves is not included - because the contract states you are enlisted for six years active duty or reserve duty service to begin on xx date. The date after your ETS, you must either reenlist or you goin into an inactive reserve status (subject to recall within those 2 years). That is why you are reenlisting in either the active or reserve duty. The 2 years inactive does not count.

Response by SFC Private RallyPoint Member made Aug 5 at 2019 11:29 AM

2019-08-05T11:29:41-04:00

All initial contracts are for your 8 year MSO, but there are no 8 year contracts you can sign up for.

Without physically seeing your contract, it sounds like you joined and obligated yourself to the NG as a Junior in 2011 Dec which means you probably went to Basic in Summer 2012, which is when your 6 years NG time began. As for a year out from ETS, the services dictate when you're allowed to reenlist. On AD I've seen it be 2 years out and less than one, right now it's 15 months. The details of your term should be explained in the rest of your contract annexes.

Response by SSG Brian G. made Aug 5 at 2019 12:01 PM

2019-08-05T12:01:22-04:00

Ok. Easy to misunderstand things as a lot of recruiters either don't know or don't tell you.
Initial enlistment for everyone, regardless of branch is 8 years. That is 8 years that can be broken up a number of ways depending on options. Initially a person is active for 2,4 or 6 years. That is the longest that they will sign you for. At the end of that you either re-up or you get out of active duty. If you re-up then you sign a contract for x number of years and you continue on rolling with active duty. If you get out, you still have an obligation of 2 years either in reserve, national guard or irr.

According to your initial enlistment your ETS should have been Dec of 2017. So your 1st Sgt was correct.

Response by LTC Ray B. (Ret) made Aug 5 at 2019 12:06 PM

2019-08-05T12:06:36-04:00

Things change. May have been a thing when you initially enlisted but has changed. Thing is if you have the documents then it is a thing.

Response by CPT Private RallyPoint Member made Aug 5 at 2019 9:14 PM

2019-08-05T21:14:49-04:00

Just curious, why are you trying to nullify your contract only to reenlist? Knowing the "why" might end up with you getting better advice. There might be an easier means to achieving your end goal besides trying to nullify a valid contract.

Response by SSG(P) Private RallyPoint Member made Aug 6 at 2019 11:14 AM

2019-08-06T11:14:35-04:00

I enlisted 2004 while in HS and I had my 8 year, 6 actively drilling and 2 IRR. I think if your 1SG came to you saying ETS he may have meant you'll be starting your IRR time frame soon.

Back to my experience which may be similar, I signed a 6 year contract at my 6 year mark in initial contract, so I drill out my normal 8 years and "added" 4 years. I believe with what I've worked with as a DARN too is that when you are 1 year out from IRR start or ETS, retention can speak to you about your options and actually have documents signed and processed. But this training was years ago so it may have changed. Or NG can have different procedures.

I'm in my 3rd contract and in 2021 I will enlist again for 6 or indef, but my ETS is 2022. For your initial contract it seems similar to what I experienced but it wasnt ETS for you but IRR.

Now I'm going to read the comments below and see how close I am. Best of luck to you! Get copies of your records. Best advice ever.