RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 October 2005
DOCKET NUMBER: AR20050007383
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 |
| |Mrs. Victoria A. Donaldson | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Vick | |Chairperson |
| |Mr. Conrad V. Meyer | |Member |
| |Ms. Linda M. Barker | |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 8 years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army Reserve for 6 years and 00
weeks.
3. The applicant provides a 2 March 2005 memorandum from Headquarters,
U.S. Army Recruiting Command, a copy of DD Form 4/1 and 4/3
(Enlistment/Reenlistment Document); a copy of his Statement for Enlistment
– United States Army Enlistment Program; and a copy of pages 1 and 2 of his
Enlistment Reservation Data in support of this application.
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 8 February 2005, for a period of 6 years and 00 weeks.
2. Page 1 of the applicant's Enlistment Reservation Data shows his term of
service is 72 months [6 years].
3. The Memorandum for Record from Headquarters, U.S. Army Recruiting
Command, dated 2 March 2005, shows that the enlistment contract is
incorrect and the term of enlistment should be corrected to show the term
of enlistment as 8 years and 00 weeks.
4. 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
responded that he understood the options available to him and stated that
his application was submitted under no coercion and for his sole benefit.
5. Army Regulation 601-210, paragraph 1-11b(1), 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.
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 6 years and 00 weeks on his DD Form 4/3. The Memorandum for
Record from Headquarters, U.S. Army Recruiting Command, dated 2 March 2005,
confirms that the enlistment contract is incorrect and should be corrected
to reflect his term of service as 8 years and 00 weeks.
4. Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Army Reserve for 8 years and 00 weeks. Therefore, in the
interest of justice, his enlistment contract should be amended accordingly.
BOARD VOTE:
_CEM____ _JEV___ _LB____ 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 Army
Reserve for a period of 8 years and 00 weeks.
_James E. Vick_
CHAIRPERSON
INDEX
|CASE ID |AR20050007383 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |YYYYMMDD |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract be corrected by changing his term of service from 8 years and 00 weeks to 5 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his term of service as 5 years and 00 weeks.
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Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her enlistment contract be corrected by changing her term of service from 8 years and 00 weeks to 5 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her term of service as 5 years and 00 weeks.
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Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her enlistment contract be corrected by changing her term of service from 4 years and 00 weeks to 6 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her term of service as 6 years and 00 weeks.
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Page 1 of the applicant's Enlistment Reservation Data showed his term of service as 6 years and 0 weeks. 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 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,...
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Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his term of service as 4 years and 00 weeks. _____ Ted Kanamine_______ CHAIRPERSON INDEX |CASE ID |AR20050011640 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20051013 | |TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) | |DATE...
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