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ARMY | BCMR | CY2002 | 2002068481C070402
Original file (2002068481C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 AUGUST 2002
         DOCKET NUMBER: AR2002068481


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Irene N. Wheelwright Member
Mr. Jose A. Martinez 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 1998 USAR (U.S. Army Reserve) enlistment contract be corrected to reflect an 8-year enlistment period vice 6 years. He states that at the time of his enlistment the statutory enlistment period for non-prior service soldiers was 8 years. In support of his request he submits copies on his enlistment contract and copies of documents from his chain of command supporting his request.

3. Records available to the Board indicate the applicant, who had no prior military service, enlisted in the USAR on 12 September 1998. Item 8 on his DD Form 4/1 (Enlistment/Reenlistment Document) indicates he was enlisting for a period of 6 years. However, his DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) notes the term of his enlistment was 8 years.

4. He attempted to rectify the situation via his chain of command but was told he must apply to this Board to have the error corrected.

5. Public Law 98-94 outlines the statutory service obligations incurred by individuals who enlist in 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.

CONCLUSIONS:

1. The evidence of record shows that his enlistment document should show that he enlisted in the USAR for a period of 8 years vice 6 years.

2. In view of the foregoing, his 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 in item 8 on his 1998 DD Form 4/1 as 8 years vice 6 years.

BOARD VOTE:

__JNS __ __INW __ __JAM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ____ John N. Slone_____
                  CHAIRPERSON



INDEX

CASE ID AR2002068481
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020815
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. 110.00
2.
3.
4.
5.
6.


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