RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 November 2005
DOCKET NUMBER: AR20050015035
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:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Ms. Linda D. Simmons | |Member |
| |Mr. Michael J. Flynn | |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, correction of his enlistment
contract to show he enlisted for 8 years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows he enlisted for 6 years and 00 weeks.
3. The applicant provides a Memorandum for Record (MFR) from Headquarters,
U.S. Army Recruiting Command (USAREC) Liaison at Fort Leonard Wood,
Missouri, dated 4 October 2005; a Statement of Understanding, dated 4
October 2005; his DD Form 4/1(Enlisted/Reenlistment Document), dated 11
July 2005; USAR Applicant Data Report, dated 11 July 2005 and his
reservation sheet, dated 11 July 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant’s USAREC reservation sheet shows that he would enlist in
the Army Reserve (USAR) on 11 July 2005 for 6 years and 00 weeks. His DD
Form 4/1 shows he enlisted with no prior service in the USAR on 11 July
2005 for 6 years and 00 weeks.
2. The MFR, dated 4 October 2005, from Headquarters, USAREC Liaison, 43rd
Adjutant General Reception Battalion, Fort Leonard Wood, Missouri, states,
in accordance with Army Regulation 601-210, paragraph 8-6 (f), the term of
enlistment, item 8, Section B, of the applicant’s DD Form 4/1, reads 6
years and 00 weeks.
3. 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.
4. 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:
The applicant’s DD Form 4/1 incorrectly shows he enlisted in the USAR for
6 years and 00 weeks. The MFR from USAREC Liaison at Fort Leonard Wood,
Missouri, verifies that the enlistment contract should read 8 years and 00
weeks. Therefore, it would be equitable to amend his enlistment contract
to show an enlistment for 8 years and 00 weeks.
BOARD VOTE:
_MKP___ __LDS__ _MJF ___ 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 4/1) of the individual concerned
to show that he enlisted in the USAR for a period of 8 years and 00 weeks
instead of the 6 years and 00 weeks that is currently shown.
_ Margaret K. Patterson______
CHAIRPERSON
INDEX
|CASE ID |AR20050015035 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051110 |
|TYPE OF DISCHARGE |Active Duty |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0300 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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