RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 May 2005
DOCKET NUMBER: AR20040005782
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 |
| |Mr. Paul Wright | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Ms. Linda D. Simmons | |Member |
| |Mr. Michael J. Flynn | |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 that his DD Form 4/3 (Enlistment/Reenlistment
Document – Armed Forces of The United States) be corrected to show that he
enlisted for 5 years and 20 weeks instead of 6 years and 20 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously show that he enlisted in the Army for 5 years and 20 weeks.
3. The applicant provides:
a. A Statement of Understanding, dated 16 July 2004, stating that
his application is being submitted under no coercion and for the benefit of
himself as the applicant.
b. A Memorandum of Record (MFR), dated 16 July 2004, from the United
States Army Recruiting Command (USAREC) Liaison, 43rd Adjutant General
Battalion (Reception), Fort Leonard Wood, Missouri confirming that the term
of service on the DD Form 4/3 should read 5 years and 20 weeks.
c. A copy of a document entitled "Congratulations! A Successful
Reservation Was Completed For."
d. A document titled RAGET (Regular Army Guaranteed Educational
Training).
e. A copy of DD Forms 4/1-3.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract (DD Form 4/1), section B, item 8a,
shows that he was enlisted in the Regular Army for 5 years and 20 weeks.
2. The document entitled "RAGET" shows his term of enlistment as 64
months.
3. The MFR from USAREC, dated 16 July 2004, confirms that the enlistment
contract is incorrect and the applicant's DD Form 4/3 should be corrected
to reflect his term of enlistment as 5 years and 20 weeks.
4. 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. The applicant has
submitted a Statement of Understanding that he understands the options
contained in his enlistment contract, that he wants the requested change
made, and that his request was made without coercion and for the benefit of
the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his enlistment contract is incorrect.
2. An error was made during the preparation of the applicant's enlistment
contract, which resulted in the incorrect term of service being reflected
on his DD Form 4/3.
3. The applicant's enlistment contract (DD Form 4/3) erroneously shows his
term of enlistment as 6 years and 20 weeks. The MFR from USAREC, dated 16
July 2004, confirms that the enlistment contract is incorrect and should be
corrected to reflect his term of service as 5 years and 20 weeks.
4. The applicant clearly enlisted in the Army for 5 years and 20 weeks.
In the interest of justice, his enlistment contract should be amended
accordingly.
BOARD VOTE:
__fe____ __lds___ __mjf___ 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 to show that he
enlisted in the Army for 5 years and 20 weeks instead of 6 years and 20
weeks that is currently reflected.
Fred Eichorn
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040005782 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050512 |
|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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