Free Reply to Response to Motion - District Court of Federal Claims - federal

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I March 1997 NGR (AR) 600-200 CHAPTER 7 Extension, ImmediateReenlistment, and Bar to Reenlistmen~'Immediate Reenlistment/Extension Section I Introduction 7-1. Purpose a. This chapter prescribes policies and procedures for extension, immediate reenlistment, and bar to reenlistment]immediatereenlistment/extension. b. NGR 601-280outlines the staffing, support duties, responsibilities, and administrative proceduresof retention personnel. 7-2. Objectives The objectives of this chapter are to: a. Retain, on a long-term basis, the greatest number highly qualified soldiers consistent with personnel of needs. b. Obtain maximum command involvement at each level of command. 7-3. Terms a. Extension of enlistment (see Glossary). Extension of enlistment enables the soldier to continue on the present enlistment or reenlistment contract for the specified period of time notes in fue extension agreement. b. Immediatereenlistment (see Glossary). The execution of a separate enlistment contract without a break service. Immediate enlistment must be executed within 24 hours after date of discharge in order to qualify for continuousmilitary service. Immediate reenlistment is authorized to correct errors (other than minor administrative) madeon previous enlistment, reenlistment, immediate reenlistment, or extension or with approval of NGB-ARP-PEcorrect an illegal or erroneous discharge. In the later case awardof pay and retirement points to for duty not performedrequires a petition of the ABCMR. c. Bartureenlistment,immediatereenlistmentorextensionofenlistmentorreenlistment. The intent ofa bar is to deny continued service and future entrance into the ARNGUS. is a procedure to deny reenlistment, A bar immediate reenlistment or extension of enlistment or reenlistment to soldiers whowouldotherwise be eligible but whosecontinuation of service beyondETS,without improvement, not in the best interests of the ARNGUS. is Section II Reserved 7-4. Reserved Section 111 Extension of Enlistment 7-5. General a. ARNGUS soldiers, including those granted waivers, maybe given the opportunity to extend their current enlistment. This will provide continuousservice whenextension is authorized. b. When is determinedthat it is in the best interest of the ARNGUS, unit commander authorize it the may extensions. c. Standards and criteria for extension of enlistment are a continuation of the requirementsfor enlistment or reenlistment in accordancewith chapter 2. d. Table 7-1 lists authorized periods of extension. e. Table7-2 lists basic eligibility standards and waiver authorities. f. Retention beyond ETSis authorized in accordance with paragraph 7-2. g. Soldiers enlisted under Try One in the Guardwith a remainingservi~e obligation, and soldiers whoenlist in the 3x3, 3x5 4x2, 4x4, or 6x2enlistment option, and desire to continue service in an active drill status at the end

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of their contractual obligation with the ARNGUS, execute DA must Form4836 to establish a contractual obligation and an ETSdate before transferring to an inactive status. h. A certificate of appreciation is authorized per paragraph7-18. 7-6. Dateof execution of extension of enlistment a. Extensionof enlistment will be madeno earlier than 3 monthsprior to ETS,except that extension of enlistment may madeat any time during the enlistment period if the extension is required for: be (1) Attendanceat a service school, to include State Military Academy. (2) Enrollment in SMP. (3) Entrance, extension, or subsequent service on tuur of EAD AGR or service. (4) Participation in a State EducationAssistance Program. (5) Qualification for the MontgomeryGl Bill. (6) Extension ofbonus participants whowere transferred to the ING. (To cover period in INGperAR 135-7.) (7) To meet tile time in service (TIS) requirementsfor promotion(paragraph 11-10). 7-7. Period of extension of enlistment a. Table 7-1 lists authorized periods of extension. b. Extensionof enlistment will be for a period of not less than 1 year, measured wholeyears, except as in notes in table 7-1. c. Extension of enlistment for bonusparticipants will be in accordancewith current bonuspolicies in AR 135-7. d. ETSestablished by any extension of enlistment will not exceed 6 years and 3 monthsfrom the date of extension. e. Soldiers whoare not UScitizens, whoheld military status prior to I Jan 86, maynot extend, immediately reenlist or reenlist for any period that will maketheir total military service exceed8 years. Nowaiversor exceptions to policy are authorized. (Does not apply to citizens of American Samoa,the FSM,P,_MI, and ROP). f Extension policy and selective retention. Individuals completing 20 years or more years of qualifying service for nonregular retired pay at age 60 maybe retained in the Selected Reserveby a Qualitative Retention Board(AR135-205). The extension provisions of this regulation maynot be used to retain a soldier in the Selected Reserve whowas not selected for retention. However, soldiers scheduled for ETSbefore Qualitative Retention Boardresults are annotmced, be extended according to table 7-1, rule F-h. may Table 7-1 Authorized periods of extension Rule A Applies to: Soldiers with less than 10 years service (from PEBD) ETS. at Period:1,2,3,4,5, or 6 years. Rule B Applies to: Soldiers with 10 years or more service (from PEBD) ETS. at Period: 3.4, 5, or 6 years Rule C Appliesto: Soldiers with less than 3 years remainingbefore age 60 but not to exceedthe last day of the month the soldier reaches the age of 60. Period: Upto 3 years (see Note 1). Rule D Appliesto: Soldiers enlisted as NPS under one of the several enlistment options for completingSelected Reserve obligation (see paragraph7-5) (3x3, 3x5, 4x2, 4x4, 6x2), or Try Onein the Guard, with a remaining obligation who desire to continue in an active status. Period: 1,2,3,4,5, or 6 years. See rules A and B above. Rule E

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Applies to: Soldiers enlisted under Try Onein the Guardand do not have a remaining obligation. Period: As notes in rules A and B above. Rule F Applies to: Soldiers whose extension is required for one of the following: a. Attendanceat a service school, to include RegionalTraining Institutes. b. Enrollment in SMP. c. For entrance on, or extension of a tour, or a subsequent tour of EAD, AGR or service. (Not applicable if rule J or rule K applies). d. To participate in a State Education Assistance Program. e. To qualify for the Montgomery Bill (see note 2). GI Extensionof bonusparticipants whowere transferred to the tNG. f g. To meet the TIS requirements for promotion (Table 6-3 or paragraph 11-10). h. To permit announcement QRB of results. Period: 1, 2, 3, 4, 5, or 6 years (or inonths and days for bonusparticipants or entry on AGR TOURS). Remaining service plus extension will not exceed6 years and 3 months. Rule G Applies to: Soldiers ~vho desire to transfer to the INGwhodo not have a contractual obligation for AP~GUS service. Period: As specified in rules A and B above. Rule H Applies to: Soldiers in the 1NG do not have a contractual obligation for ARNGUS who service and whodesire to remain in the INGor active ARNGUS. Period: As specified in rules A and B above. Rule I Applies to: Soldiers retained beyondETS(see paragraph 7-8.) Period: As determined by the unit commander with approval of the State AG. Rule J Effective 1 Oct 87 Appliesto: Soldiers eligible to extend or immediatelyreenlist, but whofailed to pass last APFT within 18 months o f ETS. Period: Wholemonths,but not to exceeda total of 6 monthsif waiver to extend is approvedby the State AG [only one extension authorized (see table 7-2)]. A one year extension is authorized if the soldier is on a temporary profile whichwill preclude the soldier taking the APFT within 6 months. Rule K Appliesto: Soldiers participating in a weight reduction program,and making satisfactory progress, to meet the body composition requirements of AR600-9. Period: Whole months, but not to exceed total of 12 months, unless waiver to extend is approvedby State AG (only one extension authorized (see table 7-2)). For soldiers with at least 18 but less than 20 qualifying years service for retirement at age 60, CNGB (NGB-ARP-PE) authorize extension in whole months for the may minimum time required to complete 20 qualifying years. Rule L Applies to: Soldiers not UScitizens. This does not apply to citizens of AmericanSamoa,the FSM,RMIor ROP. Period:Years, months,and days that will make their total military service equal 8 years for soldiers enlisted after 1 Jan 86 without military service at time of enlistment. Notes:

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1. Extension in years, months, and days maybe executed for a period less than 3 years provided otherwise qualified. Extensionmust not exceedthe last day of the monththe individual reaches the 60th birthday. 2. Extensionof enlistment for a period of time (years, monthsand days) required to qualify for the Montgomery Bill is authorized at anytime during the enlistment. Extension will not exceed 6 years. GI 7-8. Retention beyond ETS a. Soldiers maybe retained beyondtheir ETSwhenthe unit commander State AG determined that the or has remainingterm of service is insufficient to cover the period of time necessary to completepersonnelactions created by the followingsituations. (1) The soldier meets the criteria prescribed in AR140-10,chapter 6. The soldier will be afforded the opportunity to request assignmentto the Retired Reserve. (2) A soldier's conduct pursuant to UCMJ, under investigation with a view to trial by courts-martial, is charges have been preferred, and the soldier has been apprehended,arrested, confined, or otherwiserestricted by the appropriate military authority. However, charges have not been preferred, the soldier wilt not be retained if morethan 30 days beyondthe ETSunless approvedby the general courts-martial conveningauthority. Soldier wilt be notified by memorandum the retention for the convenience of the government.This memorandum be of will filed in the MPRJ. (3) Continuedhealth care is required while in hospitalized status and whenLOD determination is "yes". This includes those receiving incapacitation pay. See (5) below. (4) Physical disability processingis required or has been initiated in accordancewith AR635-40, chapter 8. See (5) below. (5) In the cases stated in (3) and (4) above, the soldier cannot be retained beyondhis or her scheduledrelease date without written consent. See AR135-381procedures in the cases. (6) Ifthrnugh administrative error a soldier is not discharged on the actual date of completionof term of enlistment, on date of completionof statutory obligated service, or as provided by law, a remarkwilt be included in the "Remarks" section of the soldier's DA Form2-1 as follows: "Retained beyondnormaldischarge date for the convenience of the Government." (7) A soldier undergoingboard action to determine qualification for immediatereenlistment or extension may be voluntarily extendedfor the period of time required to completethe board action. (8) Involnntary retention beyonda soldier's ETSto process administrative discharge proceedings pursuant to chapter 8 is not authorized. Reasonable time to completeadministrative actions is defined as 90 days from discovery of cause of separation processing. b. Soldier will be discharged uponcompletion of the action required. Discharge prior to the completion of the extension beyondETSis authorized in accordancewith chapter 8. 7-9. Dependency marital status and Soldiers otherwise eligible for extension maybe extended without regard to marital or dependency status and numberof dependents, provided the soldier has compliedwith the provisions of AR600-20, paragraph 5-5, when applicable, for dependentcare counseling. Soldiers with a bar for failure to maintaina personal family care plan in accordancewith reference abovewill not be extended. 7-10. Waivers a. Waiverdisapproval authority is any level of the soldier's chain of command. Disapprovalof a waiver by a commander soldier's chain of command final. However, in is soldier maysubmit a request for reconsideration of disapproval to the next higher level of command. Soldiers whosewaiver request was denied by NGB submit a may request for reconsideration through the chain of command CNGB to (NGB-ARP-PE), provided new information furnished whichwas not included in original request for waiver. Soldiers with at least 18 and less than 20 qualifying years of service for nonregularretired pay at age 60, unless physically disabled, wilt be extendedto the point wherethey can attain 20 qualifying years. Suchsoldiers maybe processed for separation for cause pursuant to chapter 8 of this regulation, without discharge subject to approval of CNGB under AR135-178,paragraph 1-25. Those whorequire a waiver for extenuation must be processed under AR135-178, paragraph t-25f, before involuntary separation can be accomplished.(See paragaph8-33 of this regulation.). b. A soldier not qualified for retirement under Title 10 United States Code, Chapter 1223 (Retired Pay for Non-regularService) uponreaching age 60, as described in AR135-180, but whocould qualify for retirement

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under the provisions of NGR 680-2 prior to attaining age 64, maybe extended for a period equal to the remaining period required for qualification for retired pay. c. To ensure adequate time for processing, waiver for extension past age 60 should be submitted whenthe soldier reaches age 59. d. Waiverof the minimum year extension period required by table 7-1, rule 9, maybe ~anted in 3 extenuating circumstances. See Table 7-2, rule A below. Waiverrequest will not be considered until 4 months prior to ETS. e. Soldiers whodo not bare verified creditable service for retirement by NGB delegated to State AGs) (as ARPERCEN, be extended beyond age 60, up to age 64 (as authorized by Title 32, U.S. Code, section 322), may until such verification has beenreceived. f A copy of an approved waiver authorizing a soldier to extend beyond age 60 must be forwarded to ARPERCENtime of discharge from the ARNGUS the orders transferring the soldier to the Retired at with Reserve.A copy will be included in the soldier's application for retired pay. Table 7-2 Basic eligibility

standards and waiver authority

Rule A Disqualification: Waiverof limitation to 3 year minimum extension for soldiers with over 10 years service from pay entry basic date (PEBD).Approvalauthority: State Minimum documentation required: 1. Memorandum, request for waiver, from the unit commander through channels. 2. Documents support an extension for less than 3 years. to Rule B Disqualification: Soldier is not qualified for retirement under provision of AR135-180(Title 10, U. S. Code, Chapter 1223) uponreaching age 60, but could qualify prior to reaching age 64. Approval authority: State AG Minimum documentation required: 1. Memorandum, request for waiver, from the unit commander through channels. 2. Documents support an extension for tess than 3 years. to 3. DDForm214 covering all periods of active service. Rule C Disqualification: Soldier whois or is not qualified for retirement at age 60 under provisions of AR135-180(Title I0, United States Code, Chapter 1223), and is not qualified for technician retirement (Public Law90-486), may extendedfor a period of 2 years; however,age 64 cannot be exceededfor the purpose of qualifying for either retirement. Approvalauthority: NGB (Authority is delegated to State AGwhenall creditable service has been completed by Office of Personnel Management.) Minimum documentation required: 1. Memorandum, request for waiver from unit commander through channels. 2. Certificate of all creditable technician service up to age 60. Rule D Disqualification: Soldier is participating in a weight reduction programto meet the bodyfat content requirements of AR600-9, and makingsatisfactory progress. See Rule K, Table 7-1. Approval authority: State AG.CNGB, extensions that will take the soldier past 18 qualifying years of service for or for soldiers over 18 but less than 20 qualifying years of service for retirement at age 60. Minimum documentation required: 1. Memorandum, request for waiver, from unit commander through channels. 2. Weightcontrol file. Rule E Effective 1 Oct 87

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Disqualification: Soldier eligible, but failed to pass last APFT within 18 motuhsof ETS.See Rule J, Table 7-1. Approval authority: State AG Minimum documentation required: 1. Memorandum, request for waiver, from unit commander through channels. 2. APFTscore card. Rule F Disqualification: Soldier is or is not qualified for retirement at age 60 under provisions of AR 135-180(Title 10, U. S. Code, Chapter 1223) maybe extended for a period of I year due to mission essential requirements; however, age 64 cannot be exceeded. Approval authority: NGB-ARP-PE Minimum documentation required: State AG memorandum justifying whythis individual is essential to the mission and that there are no other individuals in the geographicalarea of the unit whocan accomplish these duties. Rule G Disqualification: Physical. The soldier does not havea current physical (taken within the last 5 years) or does not meet medicalretention standards. Individuals with at least 18 but less than 20 qualifying years of service for retirement will not be involuntarily discharged without CNGB approval. Approval authority: NGB-ARP-PE 7-11. Extension document All extensions will be accomplishedusing DAForm4836 (Oath of Exteasion of Enlistment or Reenlistment). See Table7-3 for preparation instructions. Table 7-3 Preparation Instructions for DAForm 4836 (Oath of Extension of Enlistment or Reenlistment) 1. This extension cannot be issued if: a. The current enlistment agreement(and the latest extension that mayhave been issued) is not available cannot be verified by the activity processingthe extension. b. The soldier does not meet physical, mental, or moral qualifications for continued service under the provisions of this regulation. Waiversof disqualification must be approvedin advance. c. This extension alone, or combined with anofl~er extension to the current enlistment agreement, would exceedthe end of the monthof the soldier's 60th birthday, unless a waiver to permit such extension has been approvedin advance, per Table 7-2. 2. The DAForm4836 will be prepared by type~witer or automatic writing machineequipment. 3. All required signatures will be madeusing reproducible black or blue-black ink. 4. Typewriter strikeovers are not permitted. 5. Donot execute a DA Form4836 for soldiers opting for the Bonus Programwithout first following procedures found in AR135-7. Item 1. Extension Processing Data. Put an "X' in the box titled "Army National Guardand a Reserve of the Army'. 2. Name.Self explanatory. Must match that on current DDForm4 or as changed on pertinent records. Example: marriage, divorce, etc. 3. SSN:Self explanatory. Must match that on current DD Form 4-series. 4. Grade: Enter current title and pay grade. Example:SGTES, SSGE6, etc. 5. Date. Enter the date this extension is being prepared. Enter date in year, monthand day format, i.e., 880406for 6 Apt 88. C Unit of Assignment. Twoline entry. Enter the complete unit designation, address, UICand ZIP code of the assigned unit. IfAGR,enter ARNG/AGR to unit designation and UICon first line. Onthe second line, prior enter unit address and ZIP Code. 7. Current/latest Information from DDForm4 series

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7a. Date. This must be the samedate as that shown the current DD on Form4. The date soldier last executed a DD Form4 for current term of ARNGUS service. Enter date in year, monthand day format, i.e., 880406for 6 Apr 88. 7b. Termof service. Enter the numberof years for which the soldier enlisted during the current ARNGUS term of service as shownon the latest DD Form4 and the option, if applicable. Example:3x5 or "Try one". Do not include any subsequentextensions that mayhave been issued. 7c. Number Extensioas Previously Granted. Enter the numberof extensions which have been issued for of the latest DDForm4. 8. Provisions and Computationof this Extension 8a. Current ETS. Enter the ETSdate shownin Item 7a above, using two numerals for year, months and day. Example: 24 June 1994 would be entered as "24 05 94". 8b. Period of this Extension. Enter the additional term of service that is to be authorized in this extension. If a number days (less than 30) is essential to providefor a special extension, the preparation activity may of enter the numberof days in the "Day"column. For example, a soldier needs 11 monthsand 8 days to reach the last day of the monthof their 60th birthday, the 8 days maybe placed in the "Day"column. 8c. NewETS.Addtheperiodofthisextension(ItemSbabove)tothesoldier'scurrentETS(itemSaabove) and enter the sum in year-month-dayformat as ETS. 8d. Blankspace below8c. A statement, initialed by the soldier, listing all incentives eligible for and those accepted (NGB 600-15, Figure 1-3). Pam Oathof Extension. Onthe first line of the Oath, enter the actual date on whichthe Oathis administered. In the secondline, enter the samedate as that shown Item 7a. In the third line enter the State. Strike through"United in States Army Reserve"on the fourth line. The soldier wilt place his or her signature and the date in the places indicated after the oath is administered. Certification. Thedate of the officer's certification must be the actual date the oath wasadministered. Personnel listed in Paragraph 2-91 can administer the oath. See * at the bottom of DA Form4836. Strike out the words "Or warrant officer, or" so that it reads, "Any other person so designated...". Ira person other than an officer administersthe oath, the authority for the person to administer it will be noted under the typed name. 9. Authority and reason. Enter in the space below title of this item "Rule__Table 7-1" (citing the applicable rule in tbe blank space) then enter "Paragraph7-5" in the space provided'. Place an "X" in the block adjacent to NGR 600-200, 7-12. Disposition instructions for DAForm4836. Form4836, with the soldier's signature, will be distributed as follows: a. The completedDA (1) Copies1 and 2 will be filed on top of the original and copy of the DD Form4 in MPRL (2) Copy3 will be forwardedto the State AG. (3) Copy will be given to the soldier. 4 b. Only the most recent copies of the DAForm4836 will be retained in the MPRJ.When excess documents are extracted from the MPRJ, they will he given to the soldier. c. Copy3 will be fo~vardedto the State AG within I 0 workingdays of date of execution and prior to the soldier's ETS. 7-13. Correction of errors on extension forms See Paragraph 2-87. Section IV immediate Reenlistment 7-14. General a, Soldiers must qualify for continued ARNGUS service in accordance with current regulations. b. See Paragraph 7-5babove.

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c. Dateof execution of immediate enlistment will be per the restrictions of Paragraph7-6, this regulation. However, immediate an reenlistment mayalso be executed at any time to correct errors (other than minor administrative) madeon previous enlistment, reentistment, immediate reenlistment, or extension. Suchcorrections will be madeper Paragraph7-3, this regulation. 7-15. Periods of immediatereenlistment a. Immediatereenlistment will not be for less than 1 year, except with approval of NGB-ARP-PE. b. Soldiers with a MSO will immediatelyreenlist for a period of years, monthsand days or wholeyears equal to or in excess of their remaining MSO. Immediate reenlistment maybe for a period in excess of 6 years if the MSO greater than 6 years. is c. Soldiers whoimmediatelyreenlist to qualify for incentive bonusprogramswill immediatelyreenlist for the period as outlined in the Selective Reserve Incentive Program(SRIP). Date of immediate reenlistment will per Paragraph 7-14c. d. Soldiers without a remaining MSO, have 10 years or less service (from PEBD) time of discharge, who at will immediately reenlist for wholeyears not to exceed6 years. e. Soldiers with 10 years or more service (from PEBD) time of discharge will immediatelyreenlist for at 3,4,5 or 6 years. f. Soldiers not UScitizens and enlisted or reenlisted on or aiter I Jan 88 without military status at the time of enlistment, may extend or reenlist for any term whichwilt take thempast a total military service of 8 years not except as noted in Paragraph 7-5e. 7-16. Preparation of records a. Immediatereenlistment will not require the preparation of NGB Form22 for the previous service. Form preparation will be delayed until the next discharge from the ARNGUS. Form22 prepared at next discharge NGB will include the combined periods of previous enlistment and immediate reenlistment and will be noted with a remark in the remarks section. For example, "Previous service for the purpose of ImmediateReenlistmentthis period: 810621 to 850701." b. Soldiers desiring to immediatelyreenlist will execute the following forms: -DDForm 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) -DDForm 1966/3, Section V (Recertification) for updating information shownon previous DDForm1966series. available from the soldier's previous record of service will continue in effect whenauthorized and c. Forms valid. Table 7-4 Instructions for completing the DDForm4-series for immediatereenlistment ITEM/TITLE/EXPLANATION DD FORM4/'1 A. (FRONT) DATA AND ENTRY DESCRIPTION

IDENTIFICATION

1. Name.Enter soldier's complete last name(including compound if applicable), full first name, full name middlename(s),and any suffix such as Jr., Sr., Ill, etc. If no middlename,leave blank. If soldier wasgiven initial(s) rather than first and/or middlename,enter such initial(s). Donot use punctuationof any sort including periods, commas, and/or dashes. In addition, with apostrophe or hyphencontained within a nameit is not to be inserted betweensections of namesor used as substitutes or hyphens. Examples: McAfeeJohn Q is shown as MCAFEE JOHN O'Brien James Henry Jr is shown as OBRIEN Q JAMES HENRY Smith-Connally M Harold is shown as SMITHCONNALLY JR M HAROLD 2. Social Secnrity Number (SSN). Enter applicant's SSN,separating divisions with a hyphen. Example:00000-M. 3. Home Record(HOR).Enter address (street, city, State, zip code) soldier claims as permanenthome of record. Example: 123 ANYWHERE AVENUE,ANYCITY, STATE12345

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4. Place of Enlistment/Reenlisonent.Enter military installation, city, and state ofreenlisting activity's location. Example: National GuardArmory,AnyCity, State 12345 or Fort Benning, GA. 5. Date of Enlistment/Reenlistment. Enter date ofreenlistment in year, month, and day sequence. Example: 66 OCT10. 6. Date ofBh'th (DOB).Enter in year, month, and date sequence. Example:66 OCT Z Previons Militaty Service UponEnlistment/Reenlistment. Enter in spaces provided total active and total inactive military service (Reserve Component service not on active duty or ADT) completedat time reenlistment. Enter year, month,and day totals in t~vo positions each, precedingnumbers through 9 with a zero. I B. AGREEMENTS 8. Branch of Service. "X" out "United States" and enter - ARMY NATIONAL GUARD THEUNITED OF STATES. Period of Enlistment. In the secondline, after the word"for," enter in Arabicnumeralthe period of years, months, and days for whichthe soldier is reenlisting. Example: 4 PayGrade.In the third line, after the word, "pay grade," enter the pay grade of the soldier at the time of reenlistment. Example:E-4. Annex(es).tfno annexes, enter "None."Annexes will be listed as "A", "B", etc., if applicable. 8a. NOT APPLICABLE TO THE ARNGUS; DO NOT MAKEENTRIES HERE. 8b. Remarks. Enter - IMMED REENL IAWNGR600-200, CHAP7. 8c. Initials of Enlistee/Reenlistee. All soldiers will completethis item by placing his/her initials in the space provided. DD FORM 4/1 (REVERSE)

C. PARTIAL STATEMENTOF EXISTING UNITED STATES LAWS 9 & 10. Noentries required. Mustbe read by the applicant. 12. Statement. Must be read by all MALE applicants. DD FORM4/2 D. CERTIFICATION AND ACCEPTANCE

Recordreenlistee's full name(last, first, and middlenamesequence)and SSN,in blocks provided at top of Form4/2. See instructions for Items 1 and 2 above. 13a.Certification. Self explanatory. 13b.Signatureof Enlistee/Reenlistee. Soldier will sign full namein first, middle, and last name sequence. 13c. Date Signed. Example:84 Jan 5. 14a.Branch of Service. Enter - ARMY NATIONAL GUARD THE U.S. OF 14b.Name Service representative. Enter in last name,first name,and middleinitial sequence. of 14c. Pay Grade. Examples: E7, 0-3. 14d Unit/CommandName. Enter service representative's unit of assignmant. Example: 425 PERSSVCCO. 14e. Signatnre. Beforesigning, the service representative will verify correctness of entries and explain all applicable paragraphsof the reenlistment document the soldier. The individual identified in item 14b abovewill to sign in first, middle, and last namesequence (initials and last name acceptable). are 14f Date Signed. Example: 84 Jun 5. 14g.Unit/CommandAddress. Example: ANYCITY, STATE29924. CONFIRMATION OF ENLISTMENT OR REENLISTNMENT 15. Not applicable to the ARNGUS. 16. Enlistment/Reenlistment h~ the National Gnm'd.Immediatelyfollowing "I" in the space provided enter reenlistee's full name first, middle, last name in sequence.

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1Z Acknowledgment Enlistment Date. Enter day of month, following "D", "ST", or "TH", as of appropriate. Donot precede number through 9 with a zero. Spell out monthand enter last two digits of calendar l year. Example: 22d day of July 1984; 5th day of April 1979; 1st day of June 1987 18b.DateS(gned. Enter date the oath was administered. Example:84 Jul 02. 19b.Name. Enter nameof commissioned officer or person authorized by State law (in last name, first name, and middle initial sequence) whoadministered oath ofanlistment. 19c. Pay Grade.Enter grade, i.e., 0-3. If not an officer, put "NA". 19d. Unit/CommandName. Example: 425 PERSSVC CO. 19e. Signature. Officer or individual identified in Item 19b abovewill sign his or her name first, in middle, and last namesequence(initials and last nameare acceptable). 19f Date Sigaed. Enter date the oath was administered. Example: 84 JUL22. 19g. Unit/CommandAddress. ANYTOWN, STATE 29924. If not an officer and no unit/commandaddress, put "NA." DD FORM 4/3 Not used for ARNGUS. 7-17. Disposition of the DDForm4-Series Disposition of the completed DD Form 4-Series and accompanying documentsis as follows: a. Original and copy # 1 will be filed in the MPRJ. b. Copy 2 will be forwarded to the State AG. Copy will be given to the soldier. 3 7-18. Certificate of Appreciation The unit commander obtain the nameof the soldier's spouse and prepare an Army will National GuardCertificate of Appreciation (ARNG 91-006) to be signed by a field grade commander. certificate will be part of the Form The extensiopJimmediate reenlistment packet. Issuance of the certificate will not be predicated on either an extension/immediatereenlistment ceremony the spouse's presence. Soldier assumesresponsibility for delivery or of certificate to the spouse. 7-19. Ceremonies a. The oath of immediatereenlistment or extension will be administered by a commissioned officer or warrant officer or other person as stipulated by State law. Suitable arrangement will be madeto ensure that the oath is administered in a dignified mannerin appropriate surroundings. The ceremony should be personalized and mademeaningfulto the soldier extending or immediatelyreenlisting. The United States flag will be displayed prominently near the individual administering the oath, if available. The words "So help meGod"maybe omitted for those persons whodesire to affirm rather than to swearto the oath. b. Immediate reenlistment or extension will be madean occasion of official ceremony.It will not be sensationalizedto publicize the event (i.e., parachuting,climbingutility poles, and other similar activities which are not in keeping with the solemnity and seriousness associated with the Oath of Enlistment). When appropriate, the soldier's spouse and other members the immediatefamily should be invited to the ceremony.The person of administering the oath of immediate reenlislment or extension should be the individual's commanding officer, or an officer or individual (authorized by State law) of the soldier's choosing. When possible enlisting official should in a Class A uniform. Appropriate photo~aphiccoverage should be provided~if possible. Section V Bar to Reenlistment/ImmediateReenlistment or Extension 7-20, General This section prescribed policies and proceduresto deny reenlisnnent/immediatereenlistment extensions, and the future entrance into the ARNGUS substandard soldiers whoseimmediatedischarge under administrative of procedures is not warranted. However, service beyondETSwithout appropriate improvement,is not in the best interest of the ARNGUS. Policies and procedures prescribed herein apply to the commander's to reenlistment, bar immediate reenlistment, or extension. Soldiers maynot be reenlisted, immediatelyreenlisted or extendedwithout the recommendation the unit commander. a soldier is not recommended continued service, a BAR of If for will be

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initiated underthe provisions of this chapter unless the soldier possesses a disqualification that can be waived.If other,vise qualified, maynot be arbitrarily denied reenlistment, immediate reenlistment or extension. 7-21. Standardsand guidelines for BAR reenlistment, immediatereenlistment or extension to a. Standards. Onlysoldiers of high moral character, personal competence,and demonstratedadaptability to the requirementsof the professional soldier's moral code maybe reenlisted, immediatelyreenlisted or extended. Soldiers whocannot or will not measureup to such standards, but whosedischarge under proper administrative procedures is not nowwarranted, will have a BAR from further service under the provisions of this chapter. Even thougha BAR been initiated, a soldier can still be administratively discharged if it is warranted. The BAR a has is non-punitiveprobationarydevice intended to serve notice that a soldier is not a candidate for reenlistment, immediate reenlistment or extension and maybe discharged if the circumstancesthat led to the bar are not overcome. b. Guidelines for use of a BAR. (1) BAR procedureswill not be used instead of discharge actions under this regulation. (2) A BAR not be initiated solely becausea soldier refuses to reenlist, immediately will reenlist or extend. (3) BA wil no t be used instead of tri al by cou R l rts-martial, non judicial punishment, or other adm inistrative action. (4) Disciplinary and administrative actions that do not result in discharge do not prevent initiation or continuation of a BAR. (5) The fuct that a soldier may issued an honorableor general discharge for the current period of service be does not prevent initiation of a BAR deny the soldier later service in the ARNGUS. to (6) Honorable service for a number years is considered in the evaluation of the soldier's service. However, of it does not prohibit the initiation of a BAR appropriate. if 7-22. Criteria A soldier's unfitness or unsuitability may showup soon after entry into the service, or only become apparent after manyyears of service. A soldier performingin a substandard mannermayhave been permitted to remainin the ARNGUS a numberof years. This should not stop a current commander for from taking action under the provisions of this chapter. Commanders evaluate the advisability and desirability of affording continued must military service to soldiers of the followingor similar categories: a. Untrainable soldiers. Thesesoldiers will be identified as soon as possible with a view towardeliminating themfrom service. When discharge under administrative procedures is not warranted, action will be taken under this chapter to bar the soldier from further service with the ARNGUS. soldiers are often identified by failure These to achieve individual weapons qualifications; failure of the APFT; obtaining low evaluation results from Army educationactivities; failure to submitan approved family care plan; and failure to make satisfactory progress on ArmyWeight Control Program. b. Unsuitablesoldiers. Thesesoldiers will be identified early in their military service with a view toward elimination from the service. When administrative discharge is not warranted, action will be taken under this chapter to bar the soldier from further service with the ARNGUS. c. Soldiers against whom BARS initiated often have written documents are that disclose the recurrence of one or a combinationof the following: (1) Late for formations,details, or assignedduties. (2) Unexcused absences and unsatisfactory participation. (3) Loss of clothing and equipment. (4) Substandard personal appearance. (5) Substandard personal hygiene. (6) Recurrent nonjudicial punishment. (7) Recurrent sickness on drill days without medical justification. (8) Cannotfollow orders; shirks; takes too much time; is recalcitrant. (9) Cannot will not train for a job; apathetic; disinterested; avoids training. or (10) Cannotadapt to military life; uncooperative; involvedin frequent difficulties with fellow soldiers. (11) Failure to manage personal, marital, or family affairs. This includes failure to respondto duty requirements because of parenthoodor custody of dependents (minor or adult) (AR600-20, Paragraph 5-5). (12) Causestrouble in civilian community. (13) Involvedin immoral activities.

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(14) Personal behavior that brings discredit uponhis/her unit and the ARNGUS. (15) Failure to achieve individual weapons qualification. (16) Effective 1 Oct 87, failure to pass the Army Physical Fitness Test. BAR reenlistment is mandatory to after secondconsecutive failure if separation processing is not initiated per Paragraph8-26o and AR135-178, Chapter 6. (17) Participation in the Army Weight Control Progam(WCP) order to meet body fat requirements of in 600-9. A BAR reenlistment is mandatoryfor soldiers whodo not makesatisfactory progress in the WCP to after a period of 6 months, unless the responsible commander initiates separation processing per Paragraph 8-26mand Chapter 14, AR135-178. (18) Removal cause from NCOES for courses. BAR reenlistment is mandatoryif separation processing is to not initiated per Paragraph 8-26o and AR135-78, Chapter 6. 7-23. Procedures a. Any commander a soldier's chain of command prepare NGB in may Form 602-R (BARto Reenlistmentllmmediate Reanlistmentor ExtensionCertificate), summarizing basis for the action. the (1) A BAR normally should NOT initiated against a soldier assigned to a unit for less than 90 days. When be a BAR initiated during this period, the commander's is certificate will contain an explanation of the timing of the action. (2) BA mu be based on specific dat es, pla ces, tim es which canall be substantiated with backu R st p documents.It should be substantiated by official remarks madeat the time of each occurrence. All instances should be madea matter of record whena soldier performsunworthyacts. (3) Normally, a BAR will NOT initiated against a soldier during the last 90 days prior to ETS.However, be somesoldiers pendinginvoluntary administrative separation mayreach their ETSprior to the completionof separation action. Because they normallycannot be held past their ETS,it is in the State's best interest to process a BAR even though they are within 90 days prior to ETS. (4) ABAR initiated ~vithout regard to a soldier's ETS is date (unless at ETS soldier will have at least 18 but less than 20 qualifying years; see Paragraph7-23c(3) below). (5) BARS should not be processed for soldiers pending involuntary administrative separation for which code 3 or4 wouldbe issued (see Paragraph 7-21b(3). b. NGB Form 602-R BAR will be prepared in original and two copies. Additional copies maybe prepared whenrequired by the State AG. (1) Total service will be computed of the ETS, not the date the BAR prepared. as was (2) The commander refer the BAR will certificate to the soldier concernedfor a statement on his or her behalf, if the soldier so desires. The soldier will be alloweda period of 30 days for the preparation of a statement and collection of any documents and/or pertinent materials. The soldier's unit commander grant an extension may to this period. c. Upon receipt of the comment the soldier, or the soldier's refusal to comment, certificate will be of the endorsed personally by each commander the chain of command, approved or disapproved by the appropriate in and authorities as shown (l), (2) or (3) in (1) For soldiers with less than 10 years ofqualifying service for retired pay at ETS,theapproval/disapproval authority is the first commander, or above, in the soldier's normalchain of command. delegation of LTC No authority is authorized. (2) For soldiers with at least 10 but less than 18yearsofqualifyingservicefor retired pay at ETS,thosewith morethan 20 years of service at ETS,and those whenaction is taken to extend the soldier to complete20 years of service, the approval/disapprovalauthority is the first commander, or above, in the soldier's normalchain of COL command. delegation of authority is authorized. No (3) Soldiers, whouponETS,will have at least 18 but less than 20 years of qualifying service, will be allowed to extend to the point wherethey could attain 20 years and then be barred to reenlistment. Thesesoldiers maybe processedfor separation before attaining 20 years: the intent is that soldiers will not be involuntarily separatedwith between18 and 20 years of service without board action. d. When BAR been approved, the soldier's unit commander the has will use a counseling statement to inform the soldier of the right of appeal within 15 days. The appeal will be forwardedthrough command channels, endorsed personally by each commander, approved or disapproved within 30 days by the authorities shown and below.

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(1) Soldiers with less than 10 years ofqualifying service for retired pay at ETS,theappeal approval/disapproval authority is the first commander, or above, in the soldier's normalchain of command. COL (2) Soldiers with 10ormoreyearsofqualifyingserviceandthosewithmorethan20years for retired pay at ETS, the approval/disapproval authority is the State AG.Thosewith 18 or 19 years service will be extendedto 20 years. (Appeal: None) e. WhenNGB Form 602-R BAR been approved by the appropriate authority, the custodian of the has soldier's personnelrecords will: (1) Place original in the soldier's MPRJ a permanentdocument. as (2) Enter the remark"Not recommended further service" in item 4 of the soldier's DA for Form2-1 (PersonnelQualification Record(Part II)). (3) Give the soldier a copy. f An entry "Not recommended further service" will be made on DAForm 1315 (Retention Data Card) for or a localized approved substitute. g. An approved BAR will be revie~ved by the appropriate unit commander every 6 months (for M-Day soldiers) or 3 months(for AGR soldiers) after the date of apprnval, and 30 days before the soldier's scheduled departure from the unit or discharge fromthe service. h. If, uponreview, the commander feels the BAR should remainin effect, the custodian of the soldier's personnel record will be notified and will enter on the soldier's DA Form2-1, "Bar to reenlistment, immediate reenlistrnent or extension reviewed; not recommended removal (date)." The unit commander for will makethe same remark on DAForm1315 and will notify the soldier by providing a reproduced copy of NGB Form 602-R. 1. A recommendation removea BAR be submitted at any time by the soldier's unit commander, the to may if soldier has proven worthy of retention in the ARNGUS. (1) Recommendations removea BAR to will be submitted in writing through the chain of command will and be endorsed personally by each commander. (2) Approvalto removea BAR be granted by the same authority that approved the BAR may originally or, if the soldier has moved another jurisdiction, by a comparable to commander that jurisdiction. in (3) The approved recommendation removingthe BAR will be maintained in the appropriate unit file. NGB Form602-R BAR will be removedand destroyed. The remark "Not recommended further service" and an for entry pertaining to "Bar to immediatereenlistment review; not recommended removal(date)" wilt be deleted for from DAForm 2-1, in accordance with AR600-8-104 and NGR (AR) 600-8-104. The same remarks on the Form1315 will be erased. The soldier concerned will be given a copy of the approved recommendation removing the BAR. j. If at the time of the second 6 month(for M-Day) 3 month (for AGR) or review of a locally imposed to reenlistment, the commander does not recommend that the BAR removed, the commander be will process the soldier for separation per chapter 8 of this regulation and the appropriate chapter(s) of AR135-178.Processedfor separation meansthat separation action will be initiated and processed through the chain of command the to separation authority for appropriate action. Compliance with AR135-178, Paragraph 1-12 is mandatory. The unit and intermediate commanders recommend will separation or retention and the characterization of service to be awarded. See paragraph7-23k for special provisions for soldiers barred for APFT failure. k. Processingfor separation will be initiated after the first reviewfor soldiers whoreceive a locally imposed BAR reenlistment after the secondfailure of the APFT. to Soldiers whoreceive a locally imposedBAR after the first APFT failure will be processed for separation after the secondreview. 7-24. Discharge NGB Form22 (Report of Separation and Recordof Service) of otherwise qualified soldiers, whoare discharged with a BAR effect, will be annotated "Bar to Reenlistmentor Extension(dated) in effect on the date in discharge' in the remarkssection, block 18. Block26, ReenlistmantEligibility, will be codedRE3.

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