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Decision Text

ARMY | BCMR | CY2002 | 2002072236C070403
Original file (2002072236C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 May 2002
         DOCKET NUMBER: AR2002072236


         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. Deyon D. Battle Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. John P. Infante Member
Ms. Paula Mokulis 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 enlistment contract be corrected to show that she enlisted in the Army for 3 years.

3. The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army for 8 years. In support of her appeal, she submits a Memorandum For Record (MFR) from the United States Army Recruiting Command (USAREC) confirming that the years of service on her enlistment contract should read 3 years.

4. The applicant’s enlistment contract (DD Form 4/1) shows that she enlisted in the Army for 8 years and 00 weeks. However, her Statement for Enlistment (DA Form 3286-63) shows that she enlisted in the Army for 3 years and 00 weeks on 19 March 2002.

5. The undated MFR from USAREC confirms that the DD Form 4/1 is incorrect and should be corrected to reflect her term of enlistment as 3 years.

CONCLUSIONS:

1. An error was made during the preparation of the applicant’s enlistment contract, which resulted in the incorrect term of service being reflected.

2. The applicant clearly enlisted in the Army for 3 years and 00 weeks on 19 March 2002 and, in the interest of justice, her enlistment contract (DD Form 4/1) should be amended accordingly.

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 amending the enlistment contract (DD Form 4/1) of the individual concerned to show that she enlisted in the Regular Army for 3 years and 00 weeks instead of 8 years and 00 weeks as currently reflected.

BOARD VOTE:

___jpi ___ ___pm __ __rvo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON



INDEX

CASE ID AR2002072236
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/05/30
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 222 112.0000
2. 225 112.0300
3.
4.
5.
6.


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