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ARMY | BCMR | CY2002 | 2002071221C070402
Original file (2002071221C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 07 NOVEMBER 2002
         DOCKET NUMBER: AR2002071221


         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. Raymond V. O'Connor, Jr. Chairperson
Mr. Thomas B. Redfern III Member
Mr. Donald P. Hupman, Jr. 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 DD Form 4/1 (Enlistment/Reenlistment Document) be corrected to show he enlisted on 13 February 2001.

3. The applicant states he enlisted in the US Army Reserve on 13 February 2001, however the computer print out as well as other enlistment documents show he enlisted on 13 February 2000.

4. The applicant’s military records show that on 16 September 1992 he enlisted in the Regular Army for a period of 6 years. On 2 March 2001, he was separated from active duty under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service.

5. The applicant’s current enlistment contract indicates he enlisted in the U.S. Army Reserve on 13 February 2000 for a period of 6 years. Other addendums and documents associated with his enlistment contract also show they were signed on 13 February 2000, these include the applicant’s DA Form 5261-4 (Student Loan Repayment Program Addendum), the DA Form 5261-5 (Selected Reserve Incentive Program-USAR Prior Service Enlistment Bonus Addendum) and the DA Form 5691 (Request for Reserve Component Assignment Orders).

6. In a memorandum dated 14 February 2002, the counselor who prepared the applicant’s enlistment documents acknowledges there was an error (typographical) concerning the applicant’s enlistment date, that his documents should be corrected to read 13 February 2001. The counselor also states that several attempts had been made through the applicant’s chain of command to correct this error.

7. In a memorandum to this Board, dated 14 March 2002, the applicant’s Command Retention Officer requested that the applicant’s DD Form 4 series and all-inclusive attachments and agreements be corrected by showing his enlistment date as 13 February 2001.

8. Army Regulation 140-111, chapter 5, paragraph 5-10, provides that the authority to correct typographical errors on enlistment documents is delegated to the immediate commander, however, a correction to an individuals effective date of reenlistment or term of service is prohibited and requires submission to this Board for resolution.

CONCLUSIONS:

1. The evidence shows that the incorrect enlistment date of 13 February 2000, was erroneously placed on the applicant’s DD Form 4/1 and DA Form 4/2 (Enlistment/Reenlistment Document), and should be corrected to read
13 February 2001.

2. Other addendums and documents associated with his enlistment contract should be corrected to show the date of 13 February 2001, these include the applicant’s DA Form 5261-4 (Student Loan Repayment Program Addendum), the DA Form 5261-5 (Selected Reserve Incentive Program-USAR Prior Service Enlistment Bonus Addendum) and the DA Form 5691 (Request for Reserve Component Assignment Orders).

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:

a. by changing the applicant’s DA Form 4/1 and 4/2, to show his correct enlistment date of 20010213, and

b. by changing the applicant’s DA Form 5261-4, DA Form 5261-5, and his DA Form 5691 to show these documents were signed on 20010213.

BOARD VOTE:

__RVO__ __TBR __ __DPH __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2002071221
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021107
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. 112.00
2.
3.
4.
5.
6.


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