IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160004416 BOARD VOTE: _____X____ __X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160004416 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 item 5 of her DD Form 4 to show her date of enlistment as 15 December 2014. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160004416 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of item 5 (Date of Enlistment/Reenlistment) of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) to reflect 15 December 2014. 2. The applicant states: * item 5 of her DD Form 4 erroneously shows the date 10 August 2009 when it should show 15 December 2014 * page 2 of her DD Form 4 shows she biometrically signed the document on 15 December 2014, which is the date that should be shown in item 5 * she requested correction of the erroneous date at the time of the error * officials at the Des Moines Military Entrance Processing Station (MEPS) advised her that they were unable to alter the entry due to a computer error * she was told the biometrically signed portions of the document were the only dates that mattered * she is now unable to reenlist in the U.S. Army Reserve through no fault of her own and should be given the chance to continue her military career once the corrections are made 3. The applicant provides: * DD Form 4, dated 15 December 2014 * Reserves Annex (Certificate and Acknowledgment – U.S. Army Reserve Service Requirements and Methods of Fulfillment), dated 15 December 2014 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Iowa Army National Guard on 27 November 2001. She was discharged from the Iowa Army National Guard on 26 November 2007 and transferred to the U.S. Army Reserve Control Group (Annual Training). 2. The U.S. Human Resources Command Soldier Management System shows she was assigned to a U.S. Army Reserve troop program unit on 10 August 2009. Headquarters, 88th Regional Support Command, Orders 12-249-00003, dated 5 September 2012, honorably discharged her from the U.S. Army Reserve effective 5 September 2012. 3. After a break in service, she again enlisted in the U.S. Army Reserve. Item 5 of her DD Form 4 shows she enlisted on 10 August 2009. Items 13c (Date Signed) and 18b (Date Signed) of the same DD Form 4 show she biometrically signed the document on 15 December 2014. Item 14f (Date Signed) shows the recruiter biometrically signed the document on 15 December 2014 and item 19f shows the MEPS enlistment officer biometrically signed the form on 15 December 2014. 4. The Reserves Annex was signed by her and the witnessing official on 15 December 2014. 5. The Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion pertaining to this request on 26 April 2016. The opinion recommends administrative relief based on the provided documents and regulatory guidance. It is clear that the applicant enlisted in the U.S. Army Reserve on 15 December 2014 and an administrative error resulted in the incorrect entry of 10 August 2009 in item 5 of her DD Form 4. The date that should have been entered in item 5 is 15 December 2014. REFERENCES: Army Regulation 601-210 (Active and Reserve Component Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the Army Reserve, and Army National Guard. a. Each person who enlists or reenlists in a U.S. Armed Force executes a contractual agreement (DD Form 4) that establishes the terms of the Service to be performed in that U.S. Armed Force. The contractual agreement runs concurrently with all incurred statutory obligations. The DD Form 4, together with appropriate annexes, is the only valid agreement that exists between the person and the Department of the Army for enlistment in the Regular Army or the Army Reserve or between the person and the National Guard Bureau for enlistment in the Army National Guard. b. To correct errors found after the applicant has enlisted and forms are distributed, an immediate commander or designee may correct minor administrative and typographical errors. A DA Form 4187 (Personnel Action) will be completed and DD Form 4 or DD Form 1966 will be corrected for Regular Army individuals. A copy of the approved DA Form 4187 will be forwarded to the Commander, U.S. Army Enlisted Records and Evaluation Center (PCRE-RR), Fort Benjamin Harrison, IN 46249. A new DD Form 4 will be prepared for U.S. Army Reserve Soldiers. The revised page of the DD Form 4 or its entirety will be completed, to include confirmation of enlistment. "CORRECTED COPY" will be printed in block letters at the top and bottom of each corrected page of the revised DD Form 4 and the corrected pages will be attached to the original DD Form 4. DISCUSSION: 1. The applicant's request for correction of item 5 of her DD Form 4 to reflect 15 December 2014 in lieu of 10 August 2009 was carefully considered. 2. The preponderance of the evidence suggests an administrative error was made in the 10 August 2009 date entered in item 5 of her DD Form 4. The 10 August 2009 enlistment date appears to be the date of her prior enlistment in the U.S. Army Reserve, which ended in an honorable discharge on 5 September 2012. 3. She biometrically signed the DD Form 4 in question in two different sections of the form on 15 December 2014. Her recruiter and the MEPS enlistment officer likewise biometrically signed the document on 15 December 2014. 4. A review of the U.S. Army Human Resources Command Soldier Management System corroborates her second date of enlistment in the U.S. Army Reserve as 15 December 2014 following a break in service. 5. Regulatory guidance allows for correction of administrative errors found on the DD Form 4 after distribution. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004416 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004416 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2