RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2005
DOCKET NUMBER: AR20050016663
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:
| |Ms. Shirley L. Powell | |Chairperson |
| |Mr. Melvin H. Meyer | |Member |
| |Mr. Allen L. Raub | |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 4/1 (Enlistment/Reenlistment
Document – Armed Forces of The United States) be corrected to show that he
enlisted for 8 years and 00 weeks instead of 6 years and 00 weeks.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 6 years and 00 weeks.
3. The applicant provides in support of his application copies of his
Statement of Understanding, dated 4 April 2005; Memorandum for Record from
the United States Army Recruiting Command (USAREC) Liaison at Fort Leonard
Wood, Missouri dated 4 April 2005; DD Form 4/1 (Enlistment/Reenlistment
Document); and pages 1 and 2 of his Enlistment Reservation Data.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract (DD Form 4/1), section B, item 8,
shows that he was enlisted with no prior service in the United States Army
Reserve for 6 years and 00 weeks.
2. Page 1 of the applicant's Enlistment Reservation Data shows his term of
enlistment as 6 years and 00 years.
3. The Memorandum for Record from USAREC, dated 4 April 2005, shows that
the enlistment contract is incorrect and the applicant's DD Form 4/1 should
be corrected to reflect his term of enlistment as 8 years and 00 weeks.
4. Army Regulation 601-210, paragraph 1-11b(1) 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 (AD), will be performed in a Reserve
Component. A person's statutory military service obligation runs
concurrent with a contractual military service obligation.
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 his benefit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his enlistment contract is incorrect.
2. An error was made during the preparation of the applicant's enlistment
contract, which resulted in the incorrect term of service being reflected
on his
DD Form 4/1.
3. The applicant's enlistment contract (DD Form 4/1) erroneously shows his
term of enlistment as 6 years and 00 weeks. The Memorandum from USAREC,
dated 4 April 2005 confirms that the enlistment contract is incorrect and
should be corrected to reflect his term of service as 8 years and 00 weeks.
4. Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Army Reserve for 8 years and 00 weeks. Therefore, in the
interest of justice, his enlistment contract should be amended accordingly.
BOARD VOTE:
__ALR___ _MHM__ __SLP___ 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 Army
Reserve for a period of 8 years and 00 weeks instead of 6 years and 00
weeks as currently reflected.
__ Shirley L. Powell_______
CHAIRPERSON
INDEX
|CASE ID |AR20050016663 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051213 |
|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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