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Decision Text

ARMY | BCMR | CY2001 | 2001064491C070421
Original file (2001064491C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 November 2001
         DOCKET NUMBER: AR2001064491


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. John P. Infante Member
Mr. William D. Powers 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 his enlistment contract, DD Forms 4/1, 4/2, and 4/3 and his Montgomery GI Bill Act of 1984 form, DA Form 2366, be corrected to show he enlisted for 4 years and 00 weeks.

3. The applicant states that his enlistment contract shows he enlisted for 3 years and 00 weeks but he extended for 1 year upon arrival at Fort Leonard Wood, MO to qualify for a seasonal bonus of $3,000.

4. The applicant enlisted in the U. S. Army Reserve Delayed Entry Program on 12 January 1999. His DD Form 4/1 indicates he was to enlist in the Regular Army by 28 January 1999 for not less than 3 years. His DD Form 4/2, dated 12 January 1999, does not indicate any period of enlistment. His DA Form 2366 dated 12 January 1999 shows his service unique education assistance options as “12B1, 3 yrs, 00 wks.” His DD Form 4/3 shows he enlisted in the Regular Army on 28 January 1999 for 3 years. His Record of Military Processing – Armed Forces of the United States, DD Form 1966/3, was annotated on 4 February 1999 that he would extend his enlistment for 1 year to qualify for a seasonal bonus. His Statement of Understanding, United States Army Incentive Enlistment Program, DA Form 3286-66 and his Statement for Enlistment, United States Army Training Enlistment Program, DA Form 3286-63, were amended to show he enlisted for 4 years and 00 weeks for a $3,000 cash bonus.

CONCLUSIONS:

1. There is no error on the applicant’s DD Form 4/1. It indicates he would enlist in the Regular Army for not less than 3 years, which he has done. There is no place on the DD Form 4/2 which indicates the length of the applicant’s enlistment period.

2. The applicant enlisted in the Regular Army on 28 January 1999 for 3 years but his enlistment options were amended on 4 February 1999, requiring him to have enlisted for 4 years. That action required that his DD Form 4/3 be amended to show he enlisted for 4 years.

3. The applicant’s DA Form 2336 indicates he enlisted for 3 years. In the interest of consistency, that document should also be amended to show he enlisted for 4 years.

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


RECOMMENDATION:

That the applicant’s DA Form 2366 dated 12 January 1999, service unique education assistance options be corrected to read “12B1, 4 yrs, 00 wks” and his DD Form 4/3 dated 28 January 1999, item 20a be corrected to show he enlisted for 4 years and 00 weeks.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__rvo___ __jpi___ __wdp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O’Connor, Jr.
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001064491
SUFFIX
RECON
DATE BOARDED 20011129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 112.03
2.
3.
4.
5.
6.


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