RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2005
DOCKET NUMBER: AR20050004006
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 |
| |Mr. John T. Meixell | |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 Section B (Agreements), Block 8
of her DD Form 4/1 (Enlistment/ Reenlistment Document) be corrected to show
that she enlisted in the Army Reserve (USAR) for 8 years and 00 weeks
instead of
3 years and 00 weeks.
2. The applicant states, in effect, that she is on her initial enlistment
and incurred an 8 year military service obligation.
3. The applicant provides a copy of:
a. pages 1 and 2 of her Enlistment Reservation Data;
b. her DD Form 4/1 (Enlistment/Reenlistment Document), dated 13
January 2005;
c. a Memorandum for Record (MFR) from the U.S. Army Recruiting
Command (USAREC) Liaison at Fort Leonard Wood, Missouri, dated
24 February 2005; and
d. a Statement of Understanding, dated 24 February 2005, signed by
the applicant.
CONSIDERATION OF EVIDENCE:
1. Page 1 of the applicant's Enlistment Reservation Data showed her term
of service as 3 years and 0 weeks.
2. Page 2 of the applicant's Enlistment Reservation Data, under Enlistment
Category and Reservation Information, showed her term of enlistment as
36 months.
3. Item 7 (PREV MIL SVC UPON ENL/REENLIST) of the applicant's DD Form 4/1
was left blank.
4. Item 8 of the applicant's DD Form 4/1 showed that the applicant
enlisted for a term of 3 years and 00 weeks.
5. The MFR from USAREC, dated 24 February 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.
6. The applicant's Official Military Personnel File (OMPF) was not
available for review.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), paragraph 1-11b(1), 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.
8. 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 her DD Form 4/1 is
incorrect.
2. The applicant's DD Form 4/1 shows no service prior to this enlistment.
In the absence of evidence to the contrary, it is reasonable to presume
that the applicant entered her initial period of service on 13 January
2005.
3. Upon the applicant's initial entry into the Armed Forces on 13 January
2005, she incurred an 8-year military service obligation. Therefore the
applicant's
DD Form 4/1 should be amended to show that she enlisted in the Army Reserve
for 8 years and 00 weeks.
BOARD VOTE:
____sk__ ____jtm__ ___rld___ 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 Section B, Item 8 of the applicant's DD Form 4/1, dated 13 January
2005, to show that the applicant enlisted in the Army Reserve for 8 years
and 00 weeks.
______Stanley Kelley_________
CHAIRPERSON
INDEX
|CASE ID |AR20050004006 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051115 |
|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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