RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 December 2005
DOCKET NUMBER: AR200500015363
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. Bernard P. Ingold | |Chairperson |
| |Mr. Donald W. Steenfort | |Member |
| |Mr. Edward E. Montgomery | |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 her enlistment contract be
corrected to show that she enlisted for 5 years and 00 weeks.
2. The applicant states, in effect, that her enlistment contract
erroneously shows that she enlisted in the Army for 8 years and 00 weeks.
The applicant provides a Memorandum for Record from the United States Army
Recruiting Command (USAREC), dated 28 July 2005; a copy of a Statement of
Understanding from the USAREC, dated 29 April 2005; a copy of DD Form
4/1 through 4/2 (Enlistment/Reenlistment Document); and a two-page copy of
the Reservation Applicant (RA) Data Report, dated 26 July 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 she enlisted with prior service
of 72 days on 26 July 2005, for a period of 8 years and 00 weeks.
2. Page 1 of the applicant's Enlistment Reservation Data shows her term of
service is 5 years and 00 weeks.
3. A Memorandum for Record from USAREC, dated 28 July 2005, shows that the
enlistment contract is incorrect and the term of enlistment should be
corrected to show the term of enlistment as 5 years and 00 weeks.
4. The applicant's Statement of Understanding from USAREC, dated 29 April
2005, shows that her enlistment into the Regular Army would be 5 years and
00 weeks.
5. The two-page RA Applicant Data Report, dated 29 April 2005, shows the
applicant's personal history, provides a tentatively scheduled date for her
basic training, and instructions required for her reservation to remain
valid.
6. 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:
1. The applicant contends that her term of enlistment on her enlistment
contract (DD Form 4/1) 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 her
enlistment contract.
3. The applicant's enlistment contract erroneously shows her term of
enlistment into the Regular Army as 8 years and 00 weeks. The Memorandum
for Record from USAREC, dated 28 July 2005, confirms that the enlistment
contract is incorrect and should be corrected to reflect her term of
enlistment as 5 years and 00 weeks.
4. Notwithstanding the errors in her enlistment documents, the applicant
enlisted in the Regular Army for 5 years and 00 weeks. Therefore, in the
interest of justice, her enlistment contract should be amended accordingly.
BOARD VOTE:
_BPI__ __EEM___ _DWS____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL SHEARING
________ ________ ________ 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) to show that she enlisted in
the Regular Army for a period of 5 years and 00 weeks instead of 8 years
and 00 weeks as currently reflected.
_Bernard P. Ingold_
CHAIRPERSON
INDEX
|CASE ID |AR20050015363 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/12/06 |
|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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