RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: JANUARY 6, 2005
DOCKET NUMBER: AR2004103457
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. Fred Eichorn | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Ms. Yolanda Maldonado | |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 for 4 years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 8 years and 00 weeks.
3. The applicant provides in support of his application a Memorandum For
Record (MFR) from the United States Army Recruiting Command (USAREC)
confirming that the years of service on his enlistment contract should read
4 years and 00 weeks; a copy of his Reservation Sheet; and a copy of
portions of his enlistment contract (DD Forms 4/1 and 4/3).
CONSIDERATION OF EVIDENCE:
1. The applicant’s reservation sheet shows that he enlisted in the Army
for 4 years and 00 weeks on 28 January 2004. However, his enlistment
contract shows his term of enlistment as 8 years and 00 weeks.
2. The MFR from USAREC dated 2 February 2004 confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
enlistment as 4 years and 00 weeks.
3. According to the, the Chief, Case Management Division, Army Review
Boards Agency, an attempt was made to contact the applicant to obtain a
signed statement confirming that he understood the available options under
his enlistment contract and that he made application to this Board under no
coercion and for his own benefit. The available records fail to show that
the statement was ever obtained from the applicant.
DISCUSSION AND CONCLUSIONS:
1. It appears that an error was made during the preparation of the
applicant’s enlistment contract, which resulted in the incorrect term of
service being reflected.
2. Although there appears to have been no statement obtained from the
applicant confirming that he understood the available options under his
enlistment contract, it looks as if his intent was to enlist in the Army
for 4 years and 00 weeks on 28 January 2004 and his enlistment contract
should be appropriately amended.
3. In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:
fe____ _ rtd _____ ym _____ 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 enlistment contract to show that he enlisted in the Regular
Army for 4 years and 00 weeks instead of 8 years and 00 weeks as currently
reflected.
_____Fred Eichorn____
CHAIRPERSON
INDEX
|CASE ID |AR2004103457 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050106 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 222 |112.0000.0000/ENLISTMENT CONTRACT |
|2. 225 |112.0300.0000/TERM OF ENLISTMENT |
|3. | |
|4. | |
|5. | |
|6. | |
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