RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050004007
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 her enlistment contract be
corrected
to show that she enlisted in the Regular Army (RA) for 4 years and 00 weeks
instead of 8 years and 00 weeks.
2. The applicant states, in effect, that her enlistment contract
erroneously shows that she enlisted in the RA for 8 years.
3. The applicant provides a copy of:
a. pages 1 and 2 of her Enlistment Reservation Data;
b. her DD Form 4/3 (Enlistment/Reenlistment Document), dated
17 February 2005;
c. a Memorandum for Record (MFR) from the U.S. Army Recruiting
Command (USAREC) Liaison at Fort Leonard Wood, Missouri, dated
22 February 2005; and
d. an undated Statement of Understanding signed by the applicant.
CONSIDERATION OF EVIDENCE:
1. Page 1 of the applicant's Enlistment Reservation Data shows her term of
service as 4 years and 0 weeks.
2. Page 2 of the applicant's Enlistment Reservation Data, under Enlistment
Category and Reservation Information, shows her term of enlistment as
48 months.
3. The applicant's DD Form 4/3, section F (Discharge from Delayed
Entry/Enlistment Program [DEP]), item 20a, shows that she was discharged
from DEP and enlisted in the RA for 8 years and 00 weeks.
4. The MFR from USAREC, dated 22 February 2005, confirms that the
DD Form 4/3 is incorrect and that the term of the applicant's enlistment
should be corrected to show the term of enlistment as 4 years and 00 weeks.
5. 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.
6. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), then in effect, provides in pertinent part, that enlistment in
the RA is authorized for a term of at least 2 but not more that 6 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her term of service on her DD Form 4/3
should read 4 years 00 weeks instead of 8 years 00 weeks.
2. The applicant's DD Form 4/3 is clearly in error because her enlistment
in the RA cannot exceed 6 years.
3. The Enlistment Reservation Data and the MFR from USAREC confirm that
the DD Form 4/3 is incorrect and should be corrected to reflect her term of
service as 4 years and 00 weeks.
4. In view of the above, the applicant's DD Form 4/3 should be amended to
show she enlisted in the RA for a period of 4 years.
BOARD VOTE:
___sk___ ____drt__ ___dja___ 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 20a of the applicant's DD Form 4/3 to read 4 years and 00
weeks instead of 8 years and 00 weeks.
_________Stanley Kelley______
CHAIRPERSON
INDEX
|CASE ID |AR20050004007 |
|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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