RECORD OF PROCEEDINGS


	IN THE CASE OF:	  	


	BOARD DATE:	  	15 SEPTEMBER 2005
	DOCKET NUMBER:  	AR20050001441 


	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. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. Eric Anderson

Member

Ms. Carol Kornhoff

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 Enlistment Contract be corrected to show that he enlisted in the Regular Army on 20 December 2004.

2.  The applicant states, in effect, that his Enlistment Contract erroneously shows that he enlisted in the Army Reserve under the Delayed Entry Program (DEP) and item number 5 (Date of Enlistment/Reenlistment) on his Enlistment Contract shows 8 December 2004 as his date of enlistment.

3.  The applicant provides in support of his application a Memorandum For Record (MFR) from Headquarters, United States Army Recruiting Command (USAREC) Liaison confirming that the he should never have been enlisted in the DEP and that his date of enlistment should be changed to 20 December 2004; a Statement of Understanding; and copy of his Enlistment Contract (DD Forms 4/1, 4/2 and 4/3).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s Reenlistment Contract shows that he enlisted in the Army Reserve for 3 years and 00 weeks on 8 December 2004 and that he reenlisted in the Regular Army for 3 years and 00 weeks on 21 December 2004.  

2.  The MFR from the USAREC dated 28 December 2004, which was submitted by the applicant in support of his application, confirms that the Reenlistment Contract is incorrect and that it should be corrected to show no DEP enlistment and that he reenlisted in the Regular Army on 20 December 2004.

3.  A review of the available records shows that the applicant's Reenlistment Contract also fails to show his previous military service upon reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that errors were made during the preparation of his enlistment contract, which resulted in the incorrect date of his reenlistment being reflected, is found to have merit.  These errors also included the omission of his previous military service on his Reenlistment Contract.




2.  The applicant has submitted sufficient evidence to show that it was his intention to enlist in the Regular Army for 3 years and 00 weeks on 20 December 2004.  The MFR from the USAREC shows that his enlistment in the DEP was in error and his Reenlistment Contract should be corrected to show that his intention was to reenlist in the Regular Army.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____JS__  ____EA _  ___CK __  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 Reenlistment Contract to include his previous military service and to show that he was not enlisted under the DEP but rather reenlisted in the Regular Army on 20 December 2004.





______________________
          CHAIRPERSON




INDEX

CASE ID
AR20050001441
SUFFIX

RECON

DATE BOARDED
2005/09/15
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  222
112.0000/REENLISTMENT CONTRACT


3.

4.

5.

6.