RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 May 2007
DOCKET NUMBER: AR20060011138
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.
X
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 Item 5 (Date of Enlistment) of his Enlistment Contract (DD Form 4/1) be corrected to read 30 September 2004 vice 24 September 2004, as is currently listed.
2. The applicant states, in effect, that a United States Army (USAR) Applicant Data Report was prepared on him at his home by his recruiter, which showed his enlistment date as 24 September 2004, and his entitlement to an enlistment bonus. However, his actual DD Form 4 was not drawn up and completed until he arrived at the Military Entrance Processing Station (MEPS) and completed his physical examination on 30 September 2004. He further states that his unit forwarded his records to the Defense Finance and Accounting Services (DFAS) for payment of his bonus; however, DFAS informed him that based on the different dates shown on his DD Form 4, disbursement of his enlistment bonus could not be done. He now requests that his DD Form 4 be corrected to show his date of enlistment in Item 5 as 30 September 2004, the date he officially signed the enlistment contract in order to allow him to receive his enlistment bonus.
3. The applicant provides the following documents in support of his application:
Enlistment Contract (DD Forms 4/1 and 4/2); United States Army Reserve (USAR) Application Data Report (Reservation); Statement of Understanding; and United States Army Recruiting Command (USAREC) Memorandum, Subject: Correction of Enlistment Term.
CONSIDERATION OF EVIDENCE:
1. The applicant's record contains an Enlistment Contract (DD Form 4/1), which shows in Item 5 (Dated of Enlistment/Reenlistment), that he enlisted into the USAR on 24 September 2004, for a period of 8 years.
2. The applicant's DD Form 4/2, Section D (Certification and Acceptance) shows the applicant completed his oath of enlistment and agreed to the contract on
30 September 2004. Item 14f, shows the date his enlistment contract was accepted by the recruiter was also 30 September 2004.
3. The applicant's record also contains a USAR Application Data Report, dated
2 May 2005. This document shows the applicant's reservation date and enlistment date as 24 September 2004. It further shows the applicant's enlistment contract entitled him to an $8,000 enlistment bonus.
4. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA) and the Army Reserve (AR). Paragraph 6-13 contains guidance on the preparation of the DD Form 4. It states, in pertinent part, that the DD Form 4 establishes a legal relationship between the United States Government and the enlisted member. It further states that the DD Form 4 will be prepared at the MEPS and will be signed by the applicant and enlisting officer after the oath of enlistment is taken by the applicant.
5. Paragraph 6-20 of the enlistment regulation contains guidance on predating an enlistment. It states, in pertinent part, that the date of enlistment is the actual date the Oath of Enlistment is given. This date must be shown on the enlistment record above the signature of the officer who administered the oath. No enlistment will be predated without prior approval. A person's enlistment may be delayed through no fault of his or her own, but for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that an error was made during the preparation of the applicants enlistment contract, which resulted in an incorrect enlistment date being entered in Item 5 of the DD Form 4/1, which erroneously shows the applicant's enlistment date as 24 September 2004.
2. By regulation, the date of enlistment is the date the oath of enlistment is given. The evidence of record confirms the applicant did not report to the MEPS and take his oath of enlistment until 30 September 2004. Therefore, the applicant's DD Form 4/1 should be corrected to show his date of enlistment in Item 5 as 30 September 2004. Further, once this correction is accomplished, the applicant should be paid any enlistment bonuses authorized for his enlistment.
BOARD VOTE:
___X_ __X _ __X__ 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 his enlistment contract (DD Form 4/1) by changing the date of enlistment contained in Item 5 to 30 September 2004, the date he took the oath of enlistment, vice 24 September 2004, as is currently listed; and by providing him any enlistment bonuses authorized by his enlistment contract.
_____X_____
CHAIRPERSON
INDEX
CASE ID
AR20060011138
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/05/03
TYPE OF DISCHARGE
N/A
DATE OF DISCHARGE
N/A
DISCHARGE AUTHORITY
N/A. . . . .
DISCHARGE REASON
N/A
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
100
2.
112
3.
4.
5.
6.
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