RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2005
DOCKET NUMBER: AR20040010975
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. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Mr. John T. Meixell | |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 his Enlistment Contract be corrected to
show that he enlisted in the Army Reserve for 8 years and 00 weeks.
2. The applicant states, in effect, that his Enlistment Contract
erroneously shows that he enlisted in the Army Reserve for 6 years and 00
weeks.
3. The applicant provides in support of his application a Memorandum For
Record (MFR) from Headquarters, United States Army Recruiting Command
(USAREC) Liaison confirming that the years of service on his Enlistment
Contract should read 8 years and 00 weeks; a copy of his Reservation Sheet;
a copy of his United States Army Reserve (USAR) Applicant Data Report; a
Statement of Understanding; and a copy of a portion of his Enlistment
Contract (DD Form 4/1).
CONSIDERATION OF EVIDENCE:
1. The applicant’s DD Form 4/1 and his Reservation Sheet shows that he
enlisted in the Army Reserve for 6 years and 00 weeks on 12 July 2004. The
applicant had no prior service.
2. The MFR from the USAREC dated 16 November 2004, which was submitted by
the applicant in support of his application, confirms that the DD Form 4/1
should show his term of enlistment as 8 years and 00 weeks. The MFR also
contradicts the information contained on his Reservation Sheet and the USAR
Applicant Data Report.
3. Army Regulation 601-210, 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 runs concurrent with a contractual
military service obligation.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that an error was made during the
preparation of his enlistment contract which resulted in the incorrect term
of service being reflected on his DD Form 4/1 is found to have merit. The
initial enlistment for a non-prior service enlistee by law is 8 years;
however, his contract reflects 6 years and 00 weeks.
2. The applicant has submitted sufficient evidence to show that it was his
intention to enlist in the Army Reserve for 8 years and 00 weeks on 12 July
2004. The MFR from the USAREC shows his term of enlistment as 8 years and
00 weeks and his DD Form 4/1 should be corrected accordingly.
3. In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:
__mhm___ __jtm___ __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
amending his DD Form 4/1 to show that on 12 July 2004, he enlisted in the
Army Reserve for 8 years and 00 weeks.
Melvin H. Meyer
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040010975 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050816 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 222 |112.0000/ENLISTMENT CONTRACT |
|2. 225 |112.0300/TERM OF ENLISTMENT |
|3. | |
|4. | |
|5. | |
|6. | |
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