RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 November 2004
DOCKET NUMBER: AR2004100941
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 her enlistment contract be
corrected to show that she enlisted for 3 years and 00 weeks vice 4 years
and 00 weeks.
2. The applicant states, in effect, that her enlistment contract
erroneously shows that she enlisted in the Regular Army for 4 years.
3. The applicant provides, in support of her application, copies of a
Memorandum for Record (MFR) from the U.S. Army Recruiting Command (USAREC),
her DD Forms 4/1 and 4/3 (Enlistment/Reenlistment Documents), and her
Enlistment Reservation Data (ERD), pages 1 and 2.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract (DD Form 4/1) shows that, on
7 October 2003 she enlisted in the U.S. Army Reserve under the Delayed
Entry/Enlistment Program (DEP).
2. The applicant's DD Form 4/3, shows that she was discharged from the DEP
and enlisted in the Regular Army for 4 years and 00 weeks.
3. Page 1 of the applicant's ERD shows her term of service as 3 years and
00 weeks.
4. Page 2 of the ERD shows her term of enlistment as 36 months.
5. The MFR from USAREC, dated 8 January 2004, confirms that the enlistment
contract is incorrect and that the term of her enlistment should be
corrected to show the term of enlistment as 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 her term of service on her 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 her
DD Form 4/3.
3. The applicant's enlistment contract (DD Form 4/3) erroneously shows her
term of enlistment as 4 years and 00 weeks.
4. The ERD and the MFR from USAREC, confirms that the enlistment contract
is incorrect and should be corrected to reflect her 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, her 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 she enlisted in the RA for a period of 3 years and 00 weeks.
_Margaret K. Patterson__
CHAIRPERSON
INDEX
|CASE ID |AR2004100941 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041102 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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