RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 December 2004
DOCKET NUMBER: AR2004105737
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. Prevolia Harper | |Analyst |
The following members, a quorum, were present:
| |Ms. Jennifer L. Prater | |Chairperson |
| |Mr. Lester Echols | |Member |
| |Ms. Diane J. Armstrong | |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 16 weeks instead of 3
years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 3 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
10 March 2004; a copy of his enlistment reservation data; a copy of a DD
Form 4/3 (Enlistment/Reenlistment Document); and a copy of DD Form 1966/1-6
(Record of Military Processing - Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records contain a DD Form 4/1
(Enlistment/Reenlistment Document), dated 29 January 2004, which shows that
he enlisted in the United States Army Reserve Delayed Entry/Enlistment
Program (DEP) for 8 years and 00 weeks.
2. The applicant's DD Form 4/1 also shows that the applicant enlisted in
the United States Army for 3 years and 16 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 Delayed Entry
Program and enlisted in the Regular Army for a period of 3 years and 00
weeks.
4. The applicant's enlistment reservation data on page 1 shows his term of
service as 3 years and 16 weeks.
5. The applicant's enlistment processing data, paragraph 32a of his DD
Form 1966/3, shows that he enlisted in the Regular Army for a period of 3
years and 16 weeks.
6. The Memorandum for Record from the USAREC Liaison Office, dated
10 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
16 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
affirmed the request to change the enlistment data, 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 3 years and 00 weeks. The Memorandum for Record from the
USAREC Liaison Office, dated 10 March 2004, confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
service as 3 years and
16 weeks.
4. Notwithstanding paragraph 20a of section F on the DD Form 4/3 which
shows Regular Army enlistment for 3 years and 00 weeks, the applicant
enlisted in the Regular Army for 3 years and 16 weeks. Therefore in the
interest of justice, his enlistment contract should be amended accordingly.
BOARD VOTE:
__JLP___ __LE____ __DJA___ 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 Army for
3 years and 16 weeks.
Jennifer L. Prater
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2004105737 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041214 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0300/term of enlistment |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 2004105738C070208
Diane J. Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 Board recommends that all Department of the Army records of the individual concerned be corrected by amending the enlistment contract to show...
ARMY | BCMR | CY2004 | 20040000328C070208
Kenneth W. Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that he enlisted for 4 years and 16 weeks instead of 4 years and 00 weeks. 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.
ARMY | BCMR | CY2004 | 2004106825C070208
Diane J. Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that he enlisted for 3 years and 00 weeks. 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.
ARMY | BCMR | CY2004 | 2004106835C070208
Diane J. Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 Board recommends that all Department of the Army records of the individual concerned be corrected by voiding the DA Form 1695, Oath of...
ARMY | BCMR | CY2004 | 2004106813C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that he enlisted for 3 years and 16 weeks instead of 4 years and 00 weeks. 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.
ARMY | BCMR | CY2004 | 2004106830C070208
Diane J. Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 Board recommends that all Department of the Army records of the individual concerned be corrected by amending the enlistment contract to show...
ARMY | BCMR | CY2004 | 2004100057C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that the term of service he enlisted for be changed from 3 years and 00 weeks to 5 years and 00 weeks 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing her DD Form 4/3, to show his term of enlistment as 5 years and 00 weeks.
ARMY | BCMR | CY2004 | 2004100053C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her enlistment contract be corrected to show that the term of service she enlisted for be changed from 3 years and 00 weeks to 4 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing her DD Form 4/1, and her DD Form 4/3, to show her term of enlistment as 4...
ARMY | BCMR | CY2005 | 20050004575C070206
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 4/3 (Enlistment/Reenlistment Document – Armed Forces of The United States) be corrected to show that he enlisted for 3 years and 00 weeks instead of 3 years and 17 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Section F, Item 20a...
ARMY | BCMR | CY2005 | 20050013498C070206
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows that an error was made during the preparation of the applicant’s enlistment contract, which resulted in an incorrect term of service being shown in Item 20a of his DD Form 4/3. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his enlistment contract (DD...