RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 December 2004
DOCKET NUMBER: AR2004106826
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. Eric S. Moore | |Analyst |
The following members, a quorum, were present:
| |Ms. Yolanda Maldonado | |Chairperson |
| |Mr. Ronald J. Weaver | |Member |
| |Ms. Maribeth Love | |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 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 a Memorandum for Record from the United States
Army Recruiting Command (USAREC), dated 28 August 2003; a copy of 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 DA
Form 3286-66 (Statement of Understanding United States Army Incentive
Program).
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 20 November 2002, 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 25 August 2003,
under the Delayed Entry/Enlistment Program (DEP) for a period of 3 years
and 00 weeks.
3. 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 for a period of 4
years and 00 weeks.
4. The applicant's Statement of Understanding, United States Army
Incentive Program shows that the applicant's enlistment is for 3 years to
qualify him for the US Army Station/Unit/Command/Area Enlistment Program.
5. Paragraph 32a of Section IV (Certification) of the applicant's DD Form
1966/3, shows his term of enlistment as 3 years and 0 weeks.
6. The Memorandum for Record from USAREC, dated 28 August 2003, 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 00 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
contract 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 28 August 2003, confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
service as 3 years and 00 weeks.
4. Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Regular Army for 3 years and 00 weeks. Therefore, in the
interest of justice, his enlistment contract should be amended accordingly.
BOARD VOTE:
___ym __ ___rjw __ ___mbl__ 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 00 weeks instead of 4 years and 00 weeks
as currently reflected.
____Yolanda Maldonado____
CHAIRPERSON
INDEX
|CASE ID |AR2004106826 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041216 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |112.0000/enl contract |
|2. |112.0300/term of enlistment |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 2004106829C070208
Maribeth Love | |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 that...
ARMY | BCMR | CY2004 | 2004106820C070208
Larry Bergquist | |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 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 | 2004106828C070208
Seema E. Salter | |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 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 | 2004106822C070208
James B. Gunlicks | |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 | 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 | 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 | 2004105642C070208
Carol A. Kornhoff | |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 28 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 | 2004105639C070208
Carol A. Kornhoff | |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 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 | CY2002 | 2002082285C070215
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 4 years. He is undoubtedly entitled to the cash enlistment bonus and his records should be corrected accordingly. That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 5 years and 00 weeks instead of 4 years and 00 weeks as...