RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 January 2005
DOCKET NUMBER: AR2004105642
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. L. L. Harrison | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda D. Simmons | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Ms. Carol A. Kornhoff | |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 28 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 4 years and 00 weeks.
3. The applicant provides in support of his application a Memorandum for
Record from the United States Army Recruiting Command (USAREC), dated
12 March 2004; a copy of DD Form 4/3 (Enlistment/Reenlistment Document);
copies of DD Forms 1966/1, 1966/2, 1966/3, and 1966/4 (Record of Military
Processing-Armed Forces of the United States); and copies of pages 1 and 2
of his Enlistment Reservation Data.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract in paragraph 8 of section B
(Agreements) of the DD Form 4/1, shows that he enlisted in the Army Reserve
on 21 August 2003, for a period of 8 years and 00 weeks.
2. The applicant's enlistment contract in paragraph 8a of section B of the
DD Form 4/1, shows that he enlisted in the Regular Army on 13 July 2003,
under the Delayed Entry/Enlistment Program (DEP) for a period of 4 years
and 00 weeks.
3. The applicant's enlistment contract in paragraph 20a of section F of
the DD Form 4/3, shows that he was discharged from the DEP and
enlisted in the Regular Army on 9 March 2004 for a period of 4 years and 00
weeks.
4. Page 1 of the applicant's Enlistment Reservation Data shows his term of
service as 3 years and 28 weeks.
5. Paragraph 32a of Section IV (Certification) of the applicant's DD Form
1966/3, shows his term of enlistment as 4 years and 00 weeks.
6. The Memorandum for Record from USAREC, dated 12 March 2004, shows that
the enlistment contract is incorrect and the term of enlistment should be
corrected to show the term of enlistment as 3 years and 28 weeks.
7. 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 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
enlistment contract.
3. The applicant's enlistment contract erroneously shows his term of
enlistment as 4 years and 00 weeks on his DD Form 4/3. The Memorandum for
Record from USAREC, dated 12 March 2004, confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
service as 3 years and 28 weeks.
4. Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Regular Army for 3 years and 28 weeks. Therefore, in the
interest of justice, his enlistment contract should be amended accordingly.
BOARD VOTE:
__LDS__ __CAK___ __JTM__ 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 the enlistment contract to show that he enlisted in the Regular
Army for a period of 3 years and 28 weeks instead of 4 years and 00 weeks.
_Linda D. Simmons__________
CHAIRPERSON
INDEX
|CASE ID |AR2004105642 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050111 |
|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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