RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2005
DOCKET NUMBER: AR20050012121
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. L. L. Harrison | |Analyst |
The following members, a quorum, were present:
| |Mr. James C. Hise | |Chairperson |
| |Mr. Ronald E. Blakely | |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 that his DD Form 4/3 (Enlistment/Reenlistment
Document – Armed Forces of The United States) be corrected to show that he
enlisted for 3 years and 16 weeks instead of 2 years and 16 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Regular Army (RA) for 2 years and
16 weeks.
3. The applicant provides in support of his application copies of a
Memorandum for Record from the United States Army Recruiting Command
(USAREC) Liaison, Fort Sill, Oklahoma, dated 1 August 2005; DD Form 4/3
(Enlistment/
Reenlistment Document); DD Forms 1966/1, 1966/2, 1966/3, 1966/4, 1966/5 and
1966/6 (Record of Military Processing-Armed Forces of the United States);
and his Enlistment Reservation Data.
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 in the Army Reserve
Delayed Entry Program (DEP) on 7 July 2005, for a period of 8 years and 00
weeks.
2. Paragraph 20a of section F of the DD Form 4/3, shows that he was
discharged from the DEP and enlisted in the Regular Army on 27 July 2005
for
a period of 2 years and 16 weeks.
3. The Memorandum for Record from USAREC, dated 1 August 2005, shows that
the enlistment contract (DD Form 4/3) is incorrect and the term of
enlistment should be corrected to show the term of enlistment in the RA as
3 years and 16 weeks.
4. The applicant's Enlistment Reservation Data indicates his term of
enlistment as being 3 years and 16 weeks.
5. The applicant's request for correction of enlistment data, if approved
by the Army Board for Correction of Military Records (ABCMR), results in a
change to the applicant's term of military service. The applicant has
submitted a Statement of Understanding that he understands the options
contained in his enlistment contract, that he wants the requested change
made, and that his request was made without coercion and for the benefit of
the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his term of service on his enlistment is
incorrect.
2. 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 4/3.
3. The applicant's enlistment contract erroneously shows his term of
enlistment as 2 years and 16 weeks on his DD Form 4/3. The Memorandum for
Record from USAREC, dated 1 August 2005, confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
enlistment in the RA as
3 years and 16 weeks.
4. Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Regular Army for 3 years and 16 weeks. Therefore, in the
interest of justice, his enlistment contract should be amended accordingly.
BOARD VOTE:
__JCH___ __REB__ __JRM__ 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) to show that he enlisted in
the Regular Army for a period of 3 years and 16 weeks instead of 2 years
and 16 weeks that is currently reflected.
__ James C. Hise__________
CHAIRPERSON
INDEX
|CASE ID |AR20050012121 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051220 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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