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ARMY | BCMR | CY2005 | 20050011708C070206
Original file (20050011708C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 OCTOBER 2005
      DOCKET NUMBER:  AR20050011708


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 records be corrected to show that he
enlisted for a period of 8 years.

2.  The applicant states that his term of enlistment in item 8 of his DD
Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United
States) should reflect 8 and not 6 years.

3.  The applicant provides copies of his DD Form 4/1 and 4/2, with an
effective date of 30 June 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 with no prior service in the Army Reserve for 6 years and 00 weeks
on 30 June 2005.

2.  On 26 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.  The applicant signed his DD Form 4/2 accepting and confirming his
enlistment on 30 June 2005.

4.  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.

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 Force 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 26 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:

__JA____  __JM ___  __LD____  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 the 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 Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011708                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|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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