RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2005
DOCKET NUMBER: AR20050001441
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. John Slone | |Chairperson |
| |Mr. Eric Anderson | |Member |
| |Ms. Carol Kornhoff | |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 Regular Army on 20 December 2004.
2. The applicant states, in effect, that his Enlistment Contract
erroneously shows that he enlisted in the Army Reserve under the Delayed
Entry Program (DEP) and item number 5 (Date of Enlistment/Reenlistment) on
his Enlistment Contract shows 8 December 2004 as his date of enlistment.
3. The applicant provides in support of his application a Memorandum For
Record (MFR) from Headquarters, United States Army Recruiting Command
(USAREC) Liaison confirming that the he should never have been enlisted in
the DEP and that his date of enlistment should be changed to 20 December
2004; a Statement of Understanding; and copy of his Enlistment Contract (DD
Forms 4/1, 4/2 and 4/3).
CONSIDERATION OF EVIDENCE:
1. The applicant’s Reenlistment Contract shows that he enlisted in the
Army Reserve for 3 years and 00 weeks on 8 December 2004 and that he
reenlisted in the Regular Army for 3 years and 00 weeks on 21 December
2004.
2. The MFR from the USAREC dated 28 December 2004, which was submitted by
the applicant in support of his application, confirms that the Reenlistment
Contract is incorrect and that it should be corrected to show no DEP
enlistment and that he reenlisted in the Regular Army on 20 December 2004.
3. A review of the available records shows that the applicant's
Reenlistment Contract also fails to show his previous military service upon
reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that errors were made during the preparation
of his enlistment contract, which resulted in the incorrect date of his
reenlistment being reflected, is found to have merit. These errors also
included the omission of his previous military service on his Reenlistment
Contract.
2. The applicant has submitted sufficient evidence to show that it was his
intention to enlist in the Regular Army for 3 years and 00 weeks on
20 December 2004. The MFR from the USAREC shows that his enlistment in the
DEP was in error and his Reenlistment Contract should be corrected to show
that his intention was to reenlist in the Regular Army.
3. In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:
____JS__ ____EA _ ___CK __ 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 his Reenlistment Contract to include his previous military service
and to show that he was not enlisted under the DEP but rather reenlisted in
the Regular Army on 20 December 2004.
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20050001441 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/09/15 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 222 |112.0000/REENLISTMENT CONTRACT |
| | |
|3. | |
|4. | |
|5. | |
|6. | |
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