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ARMY | BCMR | CY2005 | 20050009679C070206
Original file (20050009679C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050009679


      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. Maria C. Sanchez              |     |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, correction of his enlistment
contract to show he enlisted in the Army Reserve for 8 years and 00 weeks.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows he enlisted for 6 years.

3.  The applicant provides a Memorandum for Record from Headquarters, U.S.
Army Recruiting Command (USAREC) Liaison at Fort Leonard Wood, Missouri,
dated 14 June 2005; a Statement of Understanding, dated 14 June 2005; his
DD Form 4/1 (Enlistment/Reenlistment Document), dated 19 March 2005; pages
1 and 2 of his Enlistment Reservation Data; and his Total Army Personnel
Database (TAPDB) printout.

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 with no prior
service in the Army Reserve on 19 March 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 6 years and 0 weeks.

3.  The Memorandum for Record from USAREC, dated 14 June 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 provided a Statement of Understanding, dated 14 June
2005, wherein he acknowledged that he understood the available options
under his enlistment, that he wanted the requested change made, and that
the request was made without coercion and for his benefit.

5.  Army Regulation 601-210 (Regular Army And Army Reserve Enlistment
Program), 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.  The regulation states any part of
such service that is not active duty will be performed in a Reserve
Component and a person's statutory military service runs concurrent with a
contractual military service obligation.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 4/1 incorrectly shows he enlisted in the U.S. Army
Reserve for 6 years and 00 weeks.  The memorandum from USAREC Liaison at
Fort Leonard Wood, Missouri, verifies that he enlisted for 8 years and 00
weeks. Therefore, it would be equitable to amend his enlistment contract to
show 8 years and 00 weeks.

BOARD VOTE:

_SK_______  _DA___  _DT____  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 U.S. Army
Reserve for a period of 8 years and 00 weeks instead of 6 years and 00
weeks as currently reflected.




                                      _Stanley Kelley_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050009679                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  222  |112.0000                                |
|2.  225                 |112.0300                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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