RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 09 AUGUST 2005
DOCKET NUMBER: AR20040009542
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. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Ms. Barbara Ellis | |Chairperson |
| |Mr. Kenneth Wright | |Member |
| |Mr. Patrick McGann | |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 enlistment contract be corrected by
changing his term of service from 6 years and 00 weeks to 8 years and 00
weeks.
2. The applicant states that he is on an initial enlistment and incurred
an 8 year military service obligation. His DD Form 4/1
(Enlistment/Reenlistment Document, Armed Forces of the United States),
should read 8 years and 00 weeks, and not,
6 years and 00 weeks.
3. The applicant provides copies of his DD Form 4/1, with an effective
date of
7 October 2004, a copy of his training of choice reservation notification,
a Memorandum For Record (MFR) from the U.S. Army Recruiting Command, and a
Statement of Understanding.
CONSIDERATION OF EVIDENCE:
1. The DD Form 4/1, of the applicant's enlistment contract, shows that he
enlisted in the Army Reserve for 6 years and 00 weeks on 7 October 2004.
The applicant had no prior service.
2. On 25 October 2004, a MFR from the U.S. Army Recruiting Command
(USAREC), 43rd Adjutant General Battalion, Fort Leonard Wood, Missouri,
confirmed that his DD Form 4/1 is incorrect and the term of his enlistment
should be corrected to read, "for a period of 8 years and 00 weeks."
3. In a Statement of Understanding, the applicant states that he
understood the options under his enlistment contract, and that he submitted
the requested change under no coercion and for his own benefit.
4. Army Regulation 601-210, at paragraph 1-11b(1), provides that under the
provisions of 10 USC 651, each person who becomes a member of a U. S. Armed
Force, either by enlistment, appointment, or induction, will serve in the
U. S. Armed Forces for a total initial period of 8 years. Any part of such
service that is not active duty will be performed in a Reserve Component.
A person’s statutory military service obligation runs concurrent with a
contractual military service obligation.
DISCUSSION AND CONCLUSIONS:
1. 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
DD Form 4/1. Individuals who enlist in the U.S. Armed Forces incur a
service obligation of 8 years.
2. The applicant's enlistment contract erroneously shows his term of
enlistment as 6 years and 00 weeks. The MFR from USAREC dated 25 October
2004, confirmed that his DD Form 4/1 is incorrect and should be corrected
to reflect the term of enlistment as 8 years and 00 weeks.
BOARD VOTE:
___BE __ ___KW__ ___PM __ 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
changing his DD Form 4/1 to show his term of enlistment as 8 years and
00 weeks.
______Barbara Ellis________
CHAIRPERSON
INDEX
|CASE ID |AR20040009542 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050809 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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