RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 November 2004
DOCKET NUMBER: AR2004100936
I certify that hiseinafter 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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Mr. Joe R. Schroeder | |Member |
| |Mr. Robert L. Duecaster | |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, in effect, that his enlistment contract be
corrected to show that he enlisted for 3 years and 00 weeks instead of 8
years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Regular Army for 8 years.
3. The applicant provides, in support of his application, copies of a
Memorandum for Record (MFR) from the U.S. Army Recruiting Command (USAREC),
his DD Forms 4/1 and 4/3 (Enlistment/Reenlistment Documents), and his
Enlistment Reservation Data (ERD), pages 1 and 2.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract (DD Form 4/1) shows that, on 15
April 2003 he enlisted in the U.S. Army Reserve under the Delayed
Entry/Enlistment Program (DEP).
2. The applicant's DD Form 4/3, shows that he was discharged from DEP and
enlisted in the Regular Army for 8 years and 00 weeks.
3. Page 1 of the applicant's ERD shows his term of service as 3 years and
00 weeks.
4. Page 2 of the ERD shows his term of enlistment as 36 months.
5. The MFR from USAREC, dated 7 January 2004, confirms that the enlistment
contract is incorrect and that the term of his enlistment should be
corrected to
3 years and 00 weeks.
6. 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. As a result, the staff
of the ABCMR notified all applicants who filed similar requests to affirm
that they understood the
options contained in their enlistment contracts, that they want the
requested change made, and that the request was made without coercion and
for the benefit of the applicant. Each applicant was provided 30 days to
respond and, in the absence of a response, the application would be
considered by the ABCMR. In this case, the applicant did not respond
within the 30 days allotted and the case is being considered by the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his term of service on his enlistment
contract is incorrect.
2. 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 4/3.
3. The applicant's enlistment contract (DD Form 4/3) erroneously shows his
term of enlistment as 8 years and 00 weeks.
4. The ERD and the MFR from USAREC confirm that the enlistment contract is
incorrect and should be corrected to reflect his term of service as 3 years
and 00 weeks.
5. The applicant clearly enlisted in the U.S. Army for 3 years and 00
weeks. In the interest of justice, his enlistment contract should be
amended accordingly.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__MKP___ _JRS___ ________ 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 that he enlisted in the Regular Army for a period of 3 years and 00
weeks
_ Margaret K. Patterson_______
CHAIRPERSON
INDEX
|CASE ID |AR2004100936 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041104 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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