RECORD OF PROCEEDINGS
IN THE CASE OF: .
BOARD DATE: 2 November 2004
DOCKET NUMBER: AR2004100939
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, in effect, that his enlistment contract be
corrected to show that he enlisted for 4 years and 00 weeks instead of 3
years and 00 weeks and that his entry grade be changed to pay grade E-1.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Regular Army in pay grade E-3 for
3 years.
3. The applicant provides, in support of his application, copies of his
NGB Form 22 (Report of Separation and Record of Service from the National
Guard, a Memorandum for Record (MFR) from the U.S. Army Recruiting Command
(USAREC), his DD Form 4/1 (Enlistment/Reenlistment Document), and his
Enlistment Reservation Data, pages 1 and 2.
CONSIDERATION OF EVIDENCE:
1. The applicant's NGB Form 22 shows that, on 16 October 2002, he was
separated from the Army National Guard in pay grade E-1.
2. The applicant's DD Form 4/1 shows that, on 6 January 2004, he enlisted
in the Regular Army in pay grade E-3 for a period of 3 years and 00 weeks.
3. Page 1 of the applicant's Enlistment Reservation Data shows his term of
service as 48 months.
4. Page 2 of the applicant's Enlistment Reservation Data, under Enlistment
Category and Reservation Information, shows his term of enlistment as 4
years and 00 weeks.
5. The MFR from USAREC, dated 8 January 2004, confirms that the enlistment
contract is incorrect. The term of his enlistment should be corrected to
show the term of enlistment as 3 years and 00 weeks and the pay grade
should be corrected to E-1.
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 and pay grade 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 4/1.
3. The applicant's enlistment contract (DD Form 4/1) erroneously shows his
term of enlistment as 3 years and 00 weeks and his pay grade is incorrectly
shown as E-13.
4. The Enlistment Reservation Data and the MFR from USAREC, confirms that
the enlistment contract is incorrect and should be corrected to reflect his
term of service as 4 years and 00 weeks.
5. The applicant clearly enlisted in the Regular Army for 4 years and 00
weeks, in pay grade E-1. 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 in pay grade E-1 for a period
of 4 years and 00 weeks.
_ Margaret K. Patterson___
CHAIRPERSON
INDEX
|CASE ID |AR2004100939 |
|SUFFIX | |
|RECON |20041102 |
|DATE BOARDED | |
|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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