RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 September 2005
DOCKET NUMBER: AR20050010657
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. Stephanie Thompkins | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. Paul M. Smith | |Member |
| |Mr. Leonard C. Hassell | |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 in the United States Army Reserve (USAR)
for a period of 8 years and 00 weeks instead of 6 years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the USAR for a period of 6 years and
00 weeks.
3. In support of his application, the applicant submits a Memorandum for
Record (MFR), Subject: Correction of Enlistment Term, from Headquarters,
United States Army Recruiting Command (USAREC) Liaison, Fort Leonard Wood,
Missouri, dated 5 July 2005; a copy of his DD Form 4/1, Enlistment
/Reenlistment Document, dated 13 December 2004; his service school
reservation notification, dated 13 December 2004; his USAR Applicant Data
Report; and his Statement of Understanding, dated 13 December 2004.
CONSIDERATION OF EVIDENCE:
1. DD Form 4/1, Section B (Agreements) shows that the applicant enlisted
with no prior service in the USAR for 6 years and 00 weeks.
2. The applicant's copy of his service school reservation notification
shows that he enlisted in the USAR for 6 years and 00 weeks.
3. The MFR from USAREC dated 5 July 2005, confirms that the DD Form 4/1 is
incorrect and the term of his enlistment should be corrected to reflect his
enlistment in the USAR as 8 years and 00 weeks.
4. The applicant signed a Statement of Understanding to acknowledge that
he understood that his request to amend his enlistment contract was for his
benefit and was not submitted under coercion.
5. Army Regulation 601-210, paragraph 1-11b(1), provides that under the
provisions of Title 10, United States Code, section 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 Components. A person’s statutory military
service runs concurrent with a contractual military service obligation.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicant's enlistment
contract, which resulted in an incorrect term of service for enlistment in
the USAR being shown on his DD Form 4/1.
2. The applicant's DD Form 4/1 erroneously shows his term of enlistment as
6 years and 00 weeks in the USAR. The MFR from USAREC dated 5 July 2005,
confirms that the DD Form 4/1 is incorrect and should be corrected to
reflect his term of enlistment in the USAR as 8 years and 00 weeks.
BOARD VOTE:
___LE___ ___LH___ __PMS 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 (DD Forms 4/1) of the individual concerned
to show that he enlisted in the USAR for 8 years and 00 weeks instead of
the 6 years and 00 weeks that is currently shown.
_ Lester Echols ___
CHAIRPERSON
INDEX
|CASE ID |AR20050010657 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/09/29 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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