RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 June 2005
DOCKET NUMBER: AR20040007917
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. Raymond J. Wagner | |Chairperson |
| |Mr. Kenneth W. Lapin | |Member |
| |Ms. Delia R. Trimble | |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 4/1 and DD Form 4/3
(Enlistment/Reenlistment Document – Armed Forces of The United States) be
corrected to show that he enlisted for 5 years and 04 weeks instead of 6
years and 06 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 6 years and 06 weeks.
3. The applicant provides:
a. A Statement of Understanding, dated 17 September 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 17 September 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 4/1 and DD Form 4/3 should read 5 years
and 04 weeks.
c. A copy of a document entitled "Congratulations! A Successful
Reservation Was Completed For".
d. A copy of DD Forms 4/1-3.
e. A copy of a document entitled "RA Applicant Data Report".
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 6 years and 06 weeks.
Additionally, DD Form 4/3, section F, item 20a shows he was enlisted for 6
years and
06 weeks.
2. The MFR from USAREC, dated 17 September 2004, confirms that the
enlistment contract is incorrect and the applicant's DD Forms 4/1-3 should
be corrected to reflect his term of enlistment as 5 years and 04 weeks.
3. The document entitled "Congratulations! A Successful Reservation Was
Completed For" indicates his term of enlistment as being 5 years and 04
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 Forms 4/1-3.
3. The applicant's enlistment contract (DD Forms 4/1-3) erroneously shows
his term of enlistment as 6 years and 06 weeks. The MFR from USAREC, dated
17 September 2004, confirms that the enlistment contract is incorrect and
should be corrected to reflect his term of service as 5 years and 04 weeks.
4. The applicant clearly enlisted in the Army for 5 years and 04 weeks.
In the interest of justice, his enlistment contract should be amended
accordingly.
BOARD VOTE:
__rjw___ __kwl___ __drt___ 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 04 weeks instead of 6 years and 06
weeks that is currently reflected.
Raymond J. Wagner
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040007917 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050616 |
|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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