RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2005
DOCKET NUMBER: AR20050015357
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 |
| |Mr. David S. Griffin | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Robert L. Duecaster | |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 Section B (Agreements), Block 8
of his DD Form 4/1 (Enlistment/ Reenlistment Document) be corrected to show
that
he enlisted in the Army Reserve (USAR) for 8 years and 00 weeks instead of
6 years and 00 weeks.
2. The applicant states, in effect, that his initial obligation should be
for 8 years and 00 weeks instead of 6 years and 00 weeks
3. The applicant provides a copy of:
a. pages 1 and 2 of his Enlistment Reservation Data;
b. his DD Form 4/1 (Enlistment/Reenlistment Document), dated
23 December 2004;
c. a Memorandum for Record (MFR) from the U.S. Army Recruiting
Command (USAREC) Liaison at Fort Leonard Wood, Missouri, dated
31 May 2005; and
d. an undated Statement of Understanding signed by the applicant.
CONSIDERATION OF EVIDENCE:
1. Page 1 of the applicant's Enlistment Reservation Data showed his term
of service as 6 years and 0 weeks.
2. Page 2 of the applicant's Enlistment Reservation Data, under Enlistment
Category and Reservation Information, showed his term of enlistment as
72 months.
3. Item 5 (Date of Enlistment/Reenlistment) of the applicant's DD Form 4/1
showed the applicant enlisted on 23 December 2004.
4. Item 7 (PREV MIL SVC UPON ENL/REENLIST) of the applicant's DD Form 4/1
was left blank.
5. Item 8 of the applicant's DD Form 4/1 showed that the applicant
enlisted for a term of 6 years and 00 weeks.
6. The MFR from USAREC, dated 31 May 2005, stated that the DD Form 4/1 is
incorrect and that the term of the applicant's enlistment should be
corrected to show the term of enlistment as 8 years and 00 weeks.
7. The applicant's Official Military Personnel File (OMPF) was not
available for review.
8. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), paragraph 1-11b(1), then in effect, 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.
9. 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. As a result, the staff
of the ABCMR notified all applicants who filed similar requests to affirm
that they understood the options contained in their enlistment contracts,
that they want the requested change made, and that the request was made
without coercion and for the benefit of the applicant. Each applicant was
provided 30 days to respond and, in the absence of a response, the
application would be considered by the ABCMR. In this case, the applicant
affirmed the request to change the enlistment data, and the case is being
considered by the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the term of service on his DD Form 4/1 is
incorrect.
2. The applicant's DD Form 4/1 shows no service prior to this enlistment.
In the absence of evidence to the contrary, it is reasonable to presume
that the applicant entered his initial period of service on 23 December
2004.
3. Upon the applicant's initial entry into the Armed Forces on 23 December
2004, he incurred an 8-year military service obligation. Therefore, the
applicant's
DD Form 4/1 should be amended to show that he enlisted in the Army Reserve
for 8 years and 00 weeks.
BOARD VOTE:
___sk___ ____jtm__ ___rld___ 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 Section B, Item 8 of the applicant's DD Form 4/1, dated 23
December 2004, to show that the applicant enlisted in the Army Reserve for
8 years and 00 weeks.
______Stanley Kelley_______
CHAIRPERSON
INDEX
|CASE ID |AR20050015357 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051115 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 20040010975C070208
James B. Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The initial enlistment for a non-prior service enlistee by law is 8 years; however, his contract reflects 6 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 4/1 to show that on 12 July 2004, he enlisted in the Army Reserve for 8 years and 00 weeks.
ARMY | BCMR | CY2005 | 20050000164C070206
LaVerne Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 4/1, of the applicant's enlistment contract, shows that he enlisted in the Army Reserve for 6 years and 00 weeks on 5 November 2004. 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.
ARMY | BCMR | CY2005 | 20050003050C070206
Page 1 of the applicant's Enlistment Reservation Data showed his term of service as 6 years and 0 weeks. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 8 of the applicant's DD Form 4/1, dated 4 November 2004,...
ARMY | BCMR | CY2005 | 20050010657C070206
Leonard C. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that he enlisted in the United States Army Reserve (USAR) for a period of 8 years and 00 weeks instead of 6 years and 00 weeks. The applicant's copy of his service school reservation notification shows that he enlisted in the USAR for 6 years and 00 weeks.
ARMY | BCMR | CY2004 | 2004000354C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army for 6 years. The applicant submitted a Statement of Understanding, which states that she understood the available options under her enlistment and applied to the Army Board for Correction of Military Records to correct her enlistment contract.
ARMY | BCMR | CY2004 | 2004104401C070208
428-47-4790 BOARD DATE: 2 September 2004 DOCKET NUMBER: AR2004104401 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. Ronald J. Weaver | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's request for correction of enlistment data, if approved by the Army Board for Correction of...
ARMY | BCMR | CY2004 | 2004100935C070208
Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that he enlisted for 4 years and 00 weeks instead of 8 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he enlisted in the Regular Army for a period of 4 years and...
ARMY | BCMR | CY2004 | 20040009542C070208
Patrick McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 4/1, of the applicant's enlistment contract, shows that he enlisted in the Army Reserve for 6 years and 00 weeks on 7 October 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his DD Form 4/1 to show his term of enlistment as 8 years and 00 weeks.
ARMY | BCMR | CY2004 | 20040008961C070208
James Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 4/1, of the applicant's enlistment contract, shows that he enlisted in the Army Reserve for 6 years and 00 weeks on 27 August 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his DD Form 4/1 to show his term of enlistment as 8 years and 00 weeks.
ARMY | BCMR | CY2004 | 2004100939C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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's enlistment contract (DD Form 4/1) erroneously shows his term of enlistment as 3 years and 00 weeks and his pay grade is incorrectly shown as E-13.