RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 July 2005
DOCKET NUMBER: AR20040007919
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. Rosa M. Chandler | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Larry C. Bergquist | |Member |
| |Mr. James B. Gunlicks | |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 Item 8(a) of his DD Form 4/1 (Enlistment/
Reenlistment Document – Armed Forces of the United States) be corrected to
show that he enlisted in the United States Army Reserve (USAR) for 8 years
and 00 weeks instead of 6 years and 00 weeks.
2. The applicant states that his enlistment contract should show he has an
8 year military service obligation and not a 6 year obligation.
3. The applicant provides in support of his request a:
a. Statement of Understanding, Headquarters, US Army Recruiting
Command Liaison, 43rd Adjutant General Battalion (Reception) through which
he submits his DD Form 149 (Application for Correction of Military Record),
dated
9 September 2004.
b. Memorandum for Record, Headquarters, US Army Recruiting Command
Liaison, 43rd Adjutant General Battalion (Reception), dated
9 September 2004, subject: Correction of Enlistment Term.
c. Copy of DD Forms 4/1.
d. Document titled "Congratulations! A Successful Reservation Was
Completed For."
e. Document titled USARGET (United States Regular Army Guaranteed
Education Training).
CONSIDERATION OF EVIDENCE:
1. The applicant’s DD Form 4/1, section B(8)a pertains to enlistment in
the Delayed Entry/Enlistment Program and contains no entries. However,
section B(8), shows that he enlisted in the USAR for 6 years and 00 weeks.
Therefore, section B(8) of the applicant's enlistment should be changed to
show that he enlisted in the USAR for 8 years and 00 weeks. .
2. Headquarters, U.S. Army Recruiting Command Liaison, 43rd Adjutant
General Battalion provided a memorandum that supports correcting the
applicant's enlistment contract to show that his correct USAR service
obligation is 8 years and 00 weeks.
3. 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 his term of military service. The applicant has submitted a
Statement of Understanding acknowledging the options contained in his
enlistment contract, and that he desires the requested change. He also
acknowledges that his request was made without coercion and for his
benefit.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicant’s enlistment
contract which resulted in his military service obligation being reflected
incorrectly on his enlistment contract.
2. The applicant's enlistment contract erroneously shows his USAR military
service obligation as 6 years and 00 weeks. All supporting documentation
confirms that the enlistment contract is incorrect and should be corrected
to reflect the applicant's USAR service obligation as 8 years and 00 weeks.
3. Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the USAR for 8 years and 00 weeks. Therefore, in the interest
of justice, his enlistment contract should be amended accordingly.
BOARD VOTE:
__wdp___ __lcb___ __jbg___ 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
showing the individual enlisted in the USAR for a period of 8 years and 00
weeks instead of 6 years and 00 weeks as currently reflected.
William D. Powers
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040007919 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050728 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0000 |
|2. |112.0300 |
|3. | |
|4. | |
|5. | |
|6. | |
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