RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 December 2004
DOCKET NUMBER: AR2004106829
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 22 September 2003; a copy of pages
1 through 6 of his Statement for Enlistment United States Army Enlistment
Program, dated 17 September 2003; a copy of DD Form 4/1, 4/2 and 4/3
(Enlistment/Reenlistment Document); and a copy of page 2 of his Enlistment
Reservation Data.
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 15 May 2003, 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 16 September
2003, under the Delayed Entry/Enlistment Program (DEP) for a period of 3
years and 00 weeks.
3. Paragraph 1 of the Statement For Enlistment United States Army
Enlistment Program shows that the applicant's term of enlistment in the
Regular Army is 3 years and 00 weeks.
4. 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.
5. The Memorandum for Record from USAREC, dated 22 September 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.
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 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 22 September 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 |AR2004106829 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2004/12/16 |
|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. | |
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