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ARMY | BCMR | CY2001 | 2001059120C070421
Original file (2001059120C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 December 2001
         DOCKET NUMBER: AR2001059120

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Thomas A. Pagan Member
Mr. Harry B. Oberg Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


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




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

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.
4.
5.
6.



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