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ARMY | BCMR | CY2005 | 20050011628C070206
Original file (20050011628C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 OCTOBER 2005
      DOCKET NUMBER:  AR20050011628


      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. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeanette 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 that his enlistment contract be corrected by
changing his term of service from 6 years and 00 weeks to 8 years and 00
weeks.

2.  The applicant states that his DD Form 4/1 (Enlistment/Reenlistment
Document, Armed Forces of the United States), should read 8 years 00 weeks,
and not, 6 years 00 weeks.

3.  The applicant provides copies of his DD Form 4/1, with an effective
date of     9 July 2005, Memorandum for Record (MFR) from the U.S. Army
Recruiting Command, and a Statement of Understanding in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The DD Form 4/1 of the applicant's enlistment contract shows that he
enlisted in the Army Reserve with no prior service for 6 years and 00 weeks
on 9 July 2005.

2.  On 28 July 2005, a MFR from the U.S. Army Recruiting Command (USAREC),
43rd Adjutant General Battalion, Fort Leonard Wood, Missouri, confirmed
that his DD Form 4/1 is incorrect and the term of his enlistment should be
corrected to read, "for a period of 8 years and 00 weeks."

3.  In a Statement of Understanding, the applicant states that he
understood the options under his enlistment contract, and that he submitted
the requested change under no coercion and for his own benefit.

4.  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.  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
DD Form 4/1.

2.  The applicant's enlistment contract erroneously shows his term of
enlistment as 6 years and 00 weeks.  The MFR from USAREC dated 28 July
2005, confirmed that his DD Form 4/1 is incorrect and should be corrected
to reflect the term of enlistment as 8 years and 00 weeks.





BOARD VOTE:

__JM ___  __JG____  __JM ___  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
showing his term of service as 8 years and 00 weeks




                                  _______John Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011628                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|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.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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