RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 November 2004
DOCKET NUMBER: AR2004100937
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. 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 that his term of enlistment listed on his DD
Form 4/3 (Discharge from Delayed Entry/Enlistment Program (DEP) be
corrected to 3 years and 17 weeks.
2. The applicant states, in effect, that his DD Form 4/3 was prepared
wrong and did not provide enough time for his initial training..
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 Form 4/3 (Enlistment/Reenlistment Documents), and his Enlistment
Reservation Data (ERD), pages 1 and 2.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the DEP. His
DD Form 4/3 shows that on 30 December 2003 he was discharged from the DEP
in order to enlist in the Regular Army (RA) for 3 years and 00 weeks..
2. Page 1 of the ERD lists the term of service as 3 years and 17 weeks.
3. Page 2 of the ERD shows his term of service as is 39 months.
4. The 5 January 2004 MOR from USAREC, dated 5 January 2004, confirms that
the enlistment contract is incorrect and that the term of service of his
enlistment should be corrected to 3 years and 17 weeks.
5. 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 3 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 17 weeks.
5. The applicant clearly enlisted in the U.S. Army for 3 years and 19
weeks. In the interest of justice, his enlistment contract should be
amended accordingly.
BOARD VOTE:
________ ________ __RLD___ 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 17
weeks.
_Margaret K. Patterson____
CHAIRPERSON
INDEX
|CASE ID |AR2004100937 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041102 |
|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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