RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 November 2005
DOCKET NUMBER: AR20050015555
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. Phyllis B. Mackey | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. John E. Denning | |Member |
| |Ms. Jeanette R. McCants | |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 Regular Army (RA) for a period of
3 years and
18 weeks instead of 8 years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the RA for a period of 8 years and 00
weeks.
3. The applicant provides in support of his request, a Memorandum for
Record (MFR), Subject: Correction of Term of Enlistment, from
Headquarters, United States Recruiting Command (USAREC) Liaison, 95th AG
Reception Battalion, Fort Sill, Oklahoma, dated 19 October 2005; his school
reservation notification, dated 20 September 2005; his RA Applicant Data
Report; his DD Form
1966 (Record of Military Processing-Armed Forces of the United States); and
his DD Form 4/3, dated 17 October 2005.
CONSIDERATION OF EVIDENCE:
1. DD 4/3, Section F (Discharge form Delayed Entry / Enlistment Program)
shows that the applicant enlisted with no prior service in the RA for 8
years and 00 weeks.
2. The applicant’s copy of his service school reservation notification
shows that he enlisted in the RA for 3 years and 18 weeks.
3. The MFR from USAREC dated 19 October 2005, confirms that the DD Form
4/3 is incorrect and the term of enlistment should be corrected to reflect
his enlistment in the RA as 3 years and 18 weeks.
4. The signed MFR, dated 19 October includes 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 2-16, provides that under the
provisions of 10 USC 12103(d), 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. 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 RA being shown on his DD Form 4/3.
2. The applicant’s DD Form 4/3 erroneously shows his term of enlistment as
8 years and 00 weeks in the RA. The MFR from USAREC dated 19 October 2005,
confirms that the DD Form 4/3 is incorrect and should be corrected to
reflect his term of enlistment in the RA as 3 years and 18 weeks.
BOARD VOTE:
____JRM ___LE___ __JED __ 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 Form 4/3) of the individual concerned
to show that he enlisted in the Regular Army for 3 years and 18 weeks
instead of
8 years and 00 weeks that is currently shown.
_ Lester Echols_____
CHAIRPERSON
INDEX
|CASE ID |AR200500115555 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051117 |
|TYPE OF DISCHARGE |AD |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |Grant |
|REVIEW AUTHORITY | |
|ISSUES 1. 225 |112.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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