Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003085802C070212
Original file (2003085802C070212.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2003085802


         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. Maria C. Sanchez Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Margaret V. Thompson 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 be corrected to show that he enlisted in the Army for 3 years.

3. The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 2 years. In support of his appeal, he submits a Memorandum for Record (MFR) from the United States Army Recruiting Command (USAREC) confirming that the years of service on his enlistment contract should read 3 years. He also submits a copy of an extension of his enlistment showing that he extended for 1 year, in order to receive his bonus.

4. The applicant’s enlistment contract (DD Form 4/1) and his Statement for Enlistment (DA Form 3286-59) shows that he intended to enlist in the Army for 3 years and 00 weeks, station of choice, training as a wheeled vehicle mechanic and an enlistment bonus. However, his DD Form 4/3 shows his term of enlistment as 2 years and 00 weeks.

5. The MFR from USAREC dated 29 January 2003 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his 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, which made him ineligible to receive his enlistment bonus.

2. Although he extended his enlistment this does not qualify him for his bonus.

3. The applicant clearly intended to enlist in the Army for 3 years and 00 weeks on 24 January 2003 and, in the interest of justice, his enlistment contract (DD Form 4/3) should be amended accordingly.

4. 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 4/3) of the individual concerned to show that he enlisted in the Regular Army for 3 years and 00 weeks instead of 2 years and 00 weeks as currently reflected, and that his 1 year extension of enlistment dated 29 January 2003 be voided.

BOARD VOTE:

___jlp ___ __mvt___ ___ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Jennifer L. Prater_____
                  CHAIRPERSON



INDEX

CASE ID AR2003085802
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/03/18
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 222 112.0000/enl contract
2. 225 112.0300/term of service
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003085800C070212

    Original file (2003085800C070212.rtf) Auto-classification: Approved

    The applicant requests that his enlistment contract be corrected to show that he enlisted in the Army for 4 years. The applicant’s enlistment contract (DD Form 4/1) and his Statement for Enlistment (DA Form 3286-59) shows that he intended to enlist in the Army for 4 years and 00 weeks, training as an automated logistical specialist and an enlistment bonus. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract...

  • ARMY | BCMR | CY2002 | 2002082285C070215

    Original file (2002082285C070215.rtf) Auto-classification: Approved

    The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 4 years. He is undoubtedly entitled to the cash enlistment bonus and his records should be corrected accordingly. That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 5 years and 00 weeks instead of 4 years and 00 weeks as...

  • ARMY | BCMR | CY2003 | 2003085805C070212

    Original file (2003085805C070212.rtf) Auto-classification: Approved

    The applicant requests that his enlistment contract be corrected to show that he enlisted in the Army for 6 years. The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 3 years. 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 and DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 6 years and 00...

  • ARMY | BCMR | CY2003 | 2003085804C070212

    Original file (2003085804C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 8 years. The MFR from USAREC dated 24 January 2003 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 3 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular...

  • ARMY | BCMR | CY2003 | 2003085801C070212

    Original file (2003085801C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 8 years. The MFR from USAREC dated 24 January 2003 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 2 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular...

  • ARMY | BCMR | CY2003 | 2003085799C070212

    Original file (2003085799C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 4 years. However, the MFR from USAREC dated 31 January 2003 confirms that the enlistment contract is incorrect and should be corrected to reflect his term of enlistment as 3 years RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DA Form 4/3) of the individual concerned to show that he enlisted...

  • ARMY | BCMR | CY2003 | 2003085803C070212

    Original file (2003085803C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 8 years. However, the MFR from USAREC dated 17 January 2003 confirms that the enlistment contract is incorrect and should be corrected to reflect his term of enlistment as 3 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DA Form 4/3) of the individual concerned to show he enlisted in...

  • ARMY | BCMR | CY2003 | 2003085851C070212

    Original file (2003085851C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 8 years. The MFR from USAREC dated 7 January 2003 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 3 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular...

  • ARMY | BCMR | CY2004 | 2004104388C070212

    Original file (2004104388C070212.rtf) Auto-classification: Approved

    In support of his application, the applicant submits a Memorandum for Record (MFR), Subject: Correction of Term of Enlistment, from the Headquarters, United States Army Recruiting Command (USAREC), Fort Sill Army Liaison, dated 24 February 2004; a copy of his DD Form 4/3, Enlistment/ Reenlistment Document, dated 18 February 2004; service school reservation notification, dated 31 December 2003, and other enlistment-related documents. The Board determined that the evidence presented was...

  • ARMY | BCMR | CY2004 | 2004100935C070208

    Original file (2004100935C070208.doc) Auto-classification: Approved

    Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that he enlisted for 4 years and 00 weeks instead of 8 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he enlisted in the Regular Army for a period of 4 years and...