RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050003050
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. David S. Griffin | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Diane J. Armstrong | |Member |
| |Ms. Della R. Trimble | |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 Section B (Agreements), Block 8
of his DD Form 4/1 (Enlistment/ Reenlistment Document) be corrected to show
that
he enlisted in the Army Reserve (USAR) for 8 years and 00 weeks instead of
6 years and 00 weeks.
2. The applicant states, in effect, that the term of service on his DD
Form 4/1 is incorrect.
3. The applicant provides a copy of:
a. pages 1 and 2 of his Enlistment Reservation Data;
b. his DD Form 4/1 (Enlistment/Reenlistment Document), dated 4
November 2004;
c. a Memorandum for Record (MFR) from the U.S. Army Recruiting
Command (USAREC) Liaison at Fort Leonard Wood, Missouri, dated
31 January 2005; and
d. a Statement of Understanding, dated 31 January 2005, signed by
the applicant.
CONSIDERATION OF EVIDENCE:
1. Page 1 of the applicant's Enlistment Reservation Data showed his term
of service as 6 years and 0 weeks.
2. Page 2 of the applicant's Enlistment Reservation Data, under Enlistment
Category and Reservation Information, showed his term of enlistment as
72 months.
3. Item 6 (Date of Birth) of the applicant's DD Form 4/1 showed the
applicant's date of birth as 8 February 1986.
4. Item 7 (PREV MIL SVC UPON ENL/REENLIST) of the applicant's DD Form 4/1
was left blank.
5. Item 8 of the applicant's DD Form 4/1 showed that the applicant
enlisted for a term of 6 years and 00 weeks.
6. The MFR from USAREC, dated 31 January 2005, stated that the DD Form 4/1
is incorrect and that the term of the applicant's enlistment should be
corrected to show the term of enlistment as 8 years and 00 weeks.
7. The applicant's Official Military Personnel File (OMPF) was not
available for review.
8. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), then in effect, provides that under the provisions of 10 USC 651,
each person who becomes a member of a U.S. Armed Force, either by
enlistment, appointment, or induction, will serve in the U.S. Armed Forces
for a total initial period of 8 years. Any part of such service that is
not active duty will be performed in a Reserve Component. A person's
statutory military service runs concurrent with a contractual military
service obligation.
9. 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
affirmed the request to change the enlistment data, and the case is being
considered by the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the term of service on his DD Form 4/1 is
incorrect.
2. The applicant's DD Form 4/1 shows no service prior to this enlistment.
The evidence shows that the applicant was 18 years old at the time of his
enlistment. In the absence of evidence to the contrary, it is reasonable to
presume that the applicant entered his initial period of service on 4
November 2004.
3. Upon the applicant's initial entry into the Armed Forces on 4 November
2004, he incurred an 8-year military service obligation. Therefore the
applicant's
DD Form 4/1 should be amended to show that he enlisted in the Army Reserve
for 8 years and 00 weeks.
BOARD VOTE:
________ ________ ________ 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 Item 8 of the applicant's DD Form 4/1, dated 4 November 2004, to
show that the applicant enlisted in the Army Reserve for 8 years and 00
weeks.
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20050003050 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051108 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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