Mr. Carl W. S. Chun | Director | |
Mr. Edmund P. Mercanti | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Mr. Thomas A. Pagan | Member | |
Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that the date that he signed his reenlistment contract and the addenda to that contract be corrected from 28 December 1995 to 11 November 1995.
APPLICANT STATES: A typographical error was made in the preparation of his reenlistment contract.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army Reserve Delayed Entry Program for 8 years on 29 September 1987. He enlisted in the Regular Army in pay grade E-3 for 4 years on 18 November 1987.
He was promoted to pay grade E-4 and was honorably released from active duty on 13 November 1991.
On 28 December 1995 the applicant signed a DD Form 4, Enlistment/Reenlistment Document, attesting that he had been administered the oath of reenlistment on that date. On the same date a captain signed the applicant’s DD Form 4 attesting that he had administered the oath of reenlistment to the applicant on that date. All other dates contained on the applicant’s DD Form 4, with the exception of the date of his reenlistment, were dated 28 December 1995. The applicant’s date of reenlistment, as entered on item 5 of his DD Form 4, is 11 November 1995. The applicant had reenlisted in pay grade E-5.
At the time the applicant submitted his request to the Board he was assigned to an Army Reserve unit in pay grade E-7.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. It would appear that the applicant actually took the oath of reenlistment on 28 December 1995, not 11 November 1995. As such, it would appear that the appropriate correction to the applicant’s records would be to change item 5 of his DD Form 4 to read 28 December 1995.
2. However, the applicant did not ask for that correction. He asked that the date he was administered his oath of reenlistment, and all other dates pertaining to his reenlistment, be corrected to 11 November 1995. The Board is precluded from making any correction of record which is not requested by the lawful applicant.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_fne ____ ____tap__ __hbo___ DENY APPLICATION
CASE ID | AR2001059120 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20011206 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | |
2. | |
3. | |
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