RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 September 2004
DOCKET NUMBER: AR2004106813
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:
| |Mr. Mark D. Manning | |Chairperson |
| |Ms. Karen A. Heinz | |Member |
| |Mr. Robert L. Duecaster | |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 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 and 00 weeks.
3. The applicant provides in support of his application a Memorandum for
Record from the United States Army Recruiting Command (USAREC) Liaison
Office, dated 22 March 2004; a DD Form 4/3 (Enlistment/Reenlistment
Document); a copy of DD Form 1966/3 (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 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 4 years and 00
weeks.
2. The applicant's enlistment reservation data on page 1 shows his term of
service as 4 years and 17 weeks.
3. 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.
4. The Memorandum for Record from the USAREC Liaison Office, dated
22 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.
5. 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. The Memorandum for Record from the
USAREC Liaison Office, dated 22 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 on the DD Form 4/3 which shows Regular
Army enlistment for 4 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:
__MDM__ _KAH___ _RLD___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
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 instead of 4 years and 00 weeks.
__Mark D. Manning______
CHAIRPERSON
INDEX
|CASE ID |AR2004106813 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040914 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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