RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 July 2004
DOCKET NUMBER: AR2004105658
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. Michael J. Fowler | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Mr. Thomas E. O'Shaughnessy, Jr. | |Member |
| |Ms. Eloise C. Prendergast | |Member |
The applicant and counsel if any, did not appear before the Board.
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 for 4 years and 16 weeks instead of 4 years and 00
weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 4 years.
3. In support of his appeal, the applicant submits 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 16 weeks. The applicant also submits a copy of his DD Form 4
(Enlistment/Reenlistment Document), a copy of DD Form 1966 (Record of
Military Processing – Armed Forces of the United States), and a copy of his
Enlistment Reservation Data.
CONSIDERATION OF EVIDENCE:
1. The applicant’s enlistment contract (DD Form 4/3), section F, item 20a,
shows that he was discharged from the Delayed Entry/Enlisted Program and
enlisted in the Regular Army for 4 years and 00 weeks.
2. The DD Form 1966/3, (Record of Military Processing, Armed Forces of the
United States) signed on 9 March 2004, shows that the applicant’s
enlistment is for 4 years and 16 weeks to qualify him for the United States
Army Training Enlistment Program, Option 174 and 271, for the MOS 13F10
(Fire Support Specialist.)
3. Page 1 of his Enlistment Reservation Data (ERD), it shows term of
service as 4 years and 16 weeks.
4. Page 2 of his ERD, dated 11 March 2004, under Enlistment Category and
Reservation Information, shows the applicant’s term of service at 51
months.
5. The MFR from USAREC, dated 11 March 2004, confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
enlistment as 4 years and 16 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 his enlistment contract is incorrect.
2. An error was made during the preparation of the applicant’s enlistment
contract, which resulted in the incorrect term of service being reflected
on his DD Form 4/3.
3. The applicant's enlistment contract (DD Form 4/3) erroneously shows his
term of enlistment as 4 years and 00 weeks. The MFR from USAREC, dated
11 March 2004, confirms that the enlistment contract is incorrect and
should be corrected to reflect his term of service as 4 years and 16 weeks.
4. The applicant clearly enlisted in the Army for 4 years and 16 weeks.
In the interest of justice, his enlistment contract should be amended
accordingly.
BOARD VOTE:
_ECP__ _TEO___ __MHM___ GRANT 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 to show that he
enlisted in the Army for 4 years and 16 weeks instead of 4 years and 00
weeks that is currently reflected so that he may be fully qualified for the
United States Army Training Enlistment Program.
_Melvin H. Meyer___
CHAIRPERSON
INDEX
|CASE ID |AR |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |YYYYMMDD |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |(NC, GRANT , DENY, GRANT PLUS) |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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