RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2005
DOCKET NUMBER: AR2005005348
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. Antoinette Farley | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Patrick H. McGann, Jr. | |Member |
| |Mr. Larry J. Olson | |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 for 8 years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army Reserve for 6 years and 00
weeks.
3. The applicant provides a Memorandum for Record, dated 6 October 2005,
from Headquarters, U.S. Army Recruiting Command (USAREC) Liaison
at Fort Leonard Wood, Missouri; a statement of understanding from the
applicant, undated; a copy of DD Form 4/1 through
4/2 (Enlistment/Reenlistment Document); a two-page copy of the Reservation
Applicant (RA) Data Report, dated 3 October 2005.
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 with no prior
service in the Army Reserve on 23 September 2005, for a period of 6 years
and 00 weeks.
2. Page 1 of the applicant's Enlistment Reservation Data shows his term of
service is 6 years and 00 weeks.
3. A Memorandum for Record from USAREC, dated 6 October 2005, shows that
the enlistment contract is incorrect and the term of enlistment should be
corrected to show the term of enlistment as 8 years and 00 weeks.
4. The applicant provided an undated Statement of Understanding, wherein
he acknowledged that he understood the available options under his
enlistment, that he wanted the requested change made, and that the request
was made without coercion and for his benefit.
5. Army Regulation 601-210 (Regular Army And Army Reserve Enlistment
Program), 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. The regulation states any part of
such service that is not active duty will be performed in a Reserve
Component and 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 U.S. Army
Reserve for 6 years and 00 weeks. The memorandum from USAREC Liaison at
Fort Leonard Wood, Missouri, verifies that he enlisted for 8 years and 00
weeks. Therefore, it would be equitable to amend his enlistment contract to
show 8 years and 00 weeks.
BOARD VOTE:
__JNS___ _PHM___ __LJO_ _ 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 to show that he enlisted in the U.S. Army
Reserve for a period of 8 years and 00 weeks instead of 6 years and 00
weeks as currently reflected.
_John N. Slone__
CHAIRPERSON
INDEX
|CASE ID |AR20050015348 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051123 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. 222 |112.0000 |
|2. 225 |112.0300 |
|3. | |
|4. | |
|5. | |
|6. | |
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