RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: JANUARY 6, 2005
DOCKET NUMBER: AR2004105810
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 2 years and 21 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 2 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)
indicating that the years of service on his enlistment contract should read
2 years and 38 weeks; a copy of his Reservation Sheet; and a copy of his
enlistment contract.
CONSIDERATION OF EVIDENCE:
1. The applicant’s reservation sheet shows that he enlisted in the Army
for 2 years and 21 weeks on 5 February 2004. However, his enlistment
contract shows his term of enlistment as 2 years and 00 weeks and the MFR
from USAREC dated 2 March 2004, shows his term of enlistment as 4 years and
38 weeks.
2. On 25 May 2004, in the form of a letter, the Chief, Case Management
Division, Army Review Boards Agency, made an attempt 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. To
date, there has been no response to the letter 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 response received from the
applicant regarding the letter sent to him by the Chief, Case Management
Division, it looks as if the applicant’s intent was to enlist in the Army
for 2 years and 21 weeks on 5 February 2004 and his enlistment contract
should be appropriately amended.
3. The MFR from USAREC has been noted. However, other than the MFR, there
is no evidence in the available record that shows that the applicant ever
intended to enlist in the Army for 4 years and 38 weeks and his application
to this Board shows otherwise. Therefore, it is reasonable to conclude
that the term of enlistment that is reflected in the MFR is in error and
should not be considered as a valid request made by the applicant.
4. 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 the enlistment contract of the individual concerned to show that
he enlisted in the Regular Army for 2 years and 21 weeks instead of 2 years
and 00 weeks as currently reflected.
_____Fred Eichorn__
CHAIRPERSON
INDEX
|CASE ID |AR2004105810 |
|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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