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ARMY | DRB | CY2006 | 20060000425
Original file (20060000425.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         16 March 2006
      DOCKET NUMBER:  AR20060000425


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James G. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 Item 8, Section B (Agreements)
of his Enlistment/Reenlistment Document-Armed Forces of the United States
(DD Form 4/1) be corrected by deleting the current period of enlistment of
6 years and 00 weeks and replacing it with the period "8 years and 00
weeks".

2.  The applicant states, in effect, that upon initial entry into the
military, Soldier's incur an eight year military service obligation.
However, his DD Form 4/1 incorrectly indicates his obligation is 6 years
and 00 weeks and it needs to be corrected to read 8 years and 00 weeks.

3.  The applicant provides the following documents in support of her
application:  Enlistment Contract (DD Forms 4/1); United States Army
Recruiting Command (UASREC) Reservation; Statement of Understanding; and
USAREC Memorandum, Subject: Correction of Enlistment Term.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 4/1, Section B shows, in Item 8 that he was
enlisting in the United States Army Reserve for 6 years and 00 days on 18
August 2005.

2.  A USAREC Memorandum, Subject:  Correction of Term of Enlistment, dated
13 December 2005, indicated that the applicant's DD Form 4/1 was being
corrected to show his enlistment was for 8 years and 00 weeks, as opposed
to
6 years and 00 weeks, which was entered on the form in error.

3.  The applicant provides a statement of understanding, which states that
he is submitting this application without coercion and that it is strictly
for his benefit.

4.  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.  The evidence of record shows that an error was made during the
preparation of the applicant’s enlistment contract, which resulted in an
incorrect term of service 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.  The 13 December 2005 USAREC Memorandum  confirms
that the DD Form 4/1 is incorrect and should be corrected to reflect his
term of enlistment as 8 years and 00 weeks.


BOARD VOTE:

___JGG__  __SAP__  ___RGS    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) to show that he enlisted in
the United States Army Reserve for 8 years and 00 weeks, instead of 6 years
and
00 weeks as is currently shown.




                                  ____James G. Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000425                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/16                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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