RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 February 2005
DOCKET NUMBER: AR20040000328
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. Prevolia Harper | |Analyst |
The following members, a quorum, were present:
| |Ms. Jennifer L. Prater | |Chairperson |
| |Mr. Thomas A. Pagan | |Member |
| |Mr. Kenneth W. Lapin | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his enlistment contract be
corrected to show that he enlisted for 4 years and 16 weeks instead of 4
years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 4 years and 00 weeks.
3. The applicant provides in support of his application a Memorandum for
Record from the United States Army Recruiting Command (USAREC); dated
24 March 2004; a copy of DD Form 4/1 (Enlistment/Reenlistment Document);
a copy of DD Form 1966/1 (Record of Military Processing - Armed Forces of
the United States); and a copy of his enlistment reservation data.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4/1, dated 10 February 2004, shows that the
applicant entered the United States Army Reserve Delayed Entry Program with
the intent to enlist in the Regular Army for 4 years and 16 weeks.
2. The applicant's enlistment contract (DD Form 4/3), section F, item 20a,
shows that he was discharged from the Delayed Entry Program and enlisted in
the Regular Army for a period of 4 years and 00 weeks.
3. The applicant's enlistment reservation data on page 1 shows his term of
service as 4 years and 16 weeks.
4. The applicant's enlistment processing data, paragraph 32a of his DD
Form 1966/3, shows that he enlisted in the Regular Army for a period of 4
years and 16 weeks.
5. The Memorandum for Record from USAREC, dated 24 March 2004, shows that
the enlistment contract is incorrect and the term of enlistment should be
corrected to show the term of enlistment as 4 years and 16 weeks.
6. The applicant's request for correction of enlistment data, if approved
by the Army Board for Correction of Military Records (ABCMR), results in a
change to the applicant's term of military service. As a result, the staff
of the ABCMR notified all applicants who filed similar requests to affirm
that they understood the options contained in their enlistment contracts,
that they want the requested
change made, and that the request was made without coercion and for the
benefit of the applicant. Each applicant was provided 30 days to respond
and, in
the absence of a response, the application would be considered by the
ABCMR. In this case, the applicant did not respond within the 30 days
allotted and the case is being considered by the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his term of service on his enlistment is
incorrect.
2. An error was made during the preparation of the applicant's enlistment
contract, which resulted in an incorrect term of service being shown on his
enlistment contract.
3. The applicant's enlistment contract erroneously shows his term of
enlistment as 4 years and 00 weeks. The Memorandum for Record from USAREC,
dated 24 March 2004, confirms that the enlistment contract is incorrect and
should be corrected to reflect his term of service as 4 years 16 weeks.
4. Notwithstanding item 20a on the DD Form 4/3 which shows Regular Army
enlistment for 4 years and 00 weeks, the applicant enlisted in the Regular
Army for 4 years and 16 weeks. Therefore in the interest of justice, his
enlistment contract should be amended accordingly.
BOARD VOTE:
__jlp___ __tap___ __kwl___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending the enlistment contract of the individual concerned to show that
he enlisted in the Army for 4 years and 16 weeks.
Jennifer L. Prater
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040000328 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050215 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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