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ARMY | BCMR | CY2001 | 2001061648C070421
Original file (2001061648C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 08 JANUARY 2002
         DOCKET NUMBER: AR2001061648


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

Mr. Carl W. S. Chun Director
Ms. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Roger W. Able Member
Mr. Terry L. Placek Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that her records be corrected by changing her
DD Form 4/1 (Enlistment/Reenlistment Document) to show she enlisted in the Army Reserve for a period of 8 years.

3. The applicant states that her enlistment contract reflects her term of enlistment as 6 years, and it should read 8 years.

4. The applicant’s military records show that on 11 September 2000, she enlisted the U.S. Army Reserve for a period of 6 years, in the pay grade of E-1.

5. On 8 July 2001, a Memorandum For Record from the 43d Adjutant General Battalion, Fort Leonard Wood, Missouri concluded that the applicant's term of enlistment was incorrect and was being corrected to read "For a Period of
8 Years 00 weeks".

6. Public Law 98-94 outlines the statutory service obligations incurred by individuals who enlist in the any component of the U.S. military. Effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces. Before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry. A contractual obligation is acquired by signing a contract to serve on active duty or in a Reserve Component. The contractual obligation may run concurrently with the statutory obligation or it may extend past the statutory obligation

CONCLUSIONS:

1. The evidence confirms that the applicant enlisted in the U.S. Army Reserve on 11 September 2000 and, under Public Law 98-94, on that day incurred an 8 year statutory obligation.

2. Based on her enlistment in the U.S. Army Reserve, and that statutory obligation, the information contained in section B, DA From 4/1 is incorrect, and should reflect the applicant's correct term of enlistment as 8 years.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.









RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant's term of enlistment as 8 years.

BOARD VOTE:

__LLS __ __RWA__ __TLP __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ Luther L. Santiful___
                  CHAIRPERSON




INDEX

CASE ID AR2001061648
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010108
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 112.03
2.
3.
4.
5.
6.


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