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ARMY | BCMR | CY2005 | 20050017309C070206
Original file (20050017309C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050017309


      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. Joyce A. Wright               |     |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, in effect, that his enlistment contract be
corrected to show that he enlisted in the US Army Reserve (USAR) for a
period of 8 years   00 weeks instead of 6 years 00 weeks.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the USAR for a period of 6 years and
00 weeks.

3.  In support of his application, the applicant submits a Memorandum for
Record (MFR), Subject: Correction of Enlistment Term, from the
Headquarters, United States Army Recruiting Command (USAREC) Liaison, Fort
Leonard Wood, Missouri, dated 21 November 2005; a copy of his DD Form 4/1,
Enlistment /Reenlistment Document, dated 12 September 2005; a copy of his
service school reservation notification, dated 22 September 2005; a
Statement of Understanding, dated 21 November 2005; and other enlistment-
related documents, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  DD Form 4/1, Section B (Agreements) shows that the applicant enlisted
with no prior service in the USAR for 6 years and 00 weeks.

2.  The applicant's copy of his service school reservation notification
shows that he enlisted in the Army Reserve for 6 years and 00 weeks.

3.  The MFR from USAREC dated 21 November 2005, confirms that the
DD Form 4/1 is incorrect and the term of his enlistment should be corrected
to reflect his enlistment in the USAR as 8 years and 00 weeks.

4.  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.

5.  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:

1.  An error was made during the preparation of the applicant's enlistment
contract, which resulted in an incorrect term of service for enlistment in
the USAR being shown on his DD Form 4/1.

2.  The applicant's DD Form 4/1 erroneously shows his term of enlistment as
      6 years and 00 weeks in the USAR.  The MFR from USAREC dated
21 November 2005, confirms that the DD Form 4/1 is incorrect and should be
corrected to reflect his term of enlistment in the USAR as 8 years and 00
weeks.

BOARD VOTE:

_ALR____  _MM___  _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 (DD Forms 4/1) of the individual concerned
to show that he enlisted in the USAR for 8 years and 00 weeks instead of
the 6 years and 00 weeks that is currently shown.




                                  ____Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017309                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . USAR. .                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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