PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:      25 February 1998
	DOCKET NUMBER:   AC97-11175

	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.  The following members, a quorum, were present:

	Ms.	Joann H. Langston		Chairperson	
	Mr.	Calvin M. Fowler		Member	
	Ms.	Karen L. Wolff		Member	

	Also present, without vote, were:

	Mr.	Karl F. Schneider		Acting Director	
	Mr.	Jessie B. Strickland		Examiner	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show that he enlisted for a period of 4 years instead of the 8 years indicated on his enlistment contract.  

3.  The applicant states, in effect, that he enlisted for a period of 4 years on 14 August 1997.  However, his enlistment contract (DD Form 4/3) incorrectly indicates that he enlisted for a period of 8 years.  

4.  The applicant’s military records show that the applicant enlisted in the USAR on 14 August 1997 for a period of 8 years under the Delayed Entry Program (DEP) for entry on active duty for a period of 4 years. 

5.  On 16 October 1997 he enlisted in the Regular Army for a period of 4 years.  His enlistment contract shows on the front page (DD Form 4/1) that he enlisted for a period of 8 years with a DEP commitment for 4 years of active duty.  However, his DD Form 4/3, line 20a, indicates that he has an 8-year active duty commitment.  All remaining annexes, as well as the Recruiting Command Reservation Sheet, clearly shows that he enlisted for a period of 4 years.    

6.  In the processing of this case, a staff advisory opinion was obtained from the Retention Management Division of the Total Army Personnel Command (PERSCOM) which opined that the applicant’s enlistment contract dated 14 August 1997 incorrectly indicates that he enlisted in the Regular Army for a period of 8 years.  The PERSCOM recommended that his enlistment contract (DD Form 4/3, line 20a) be corrected to reflect a period of 4 years, as supported by all of the contract annexes.    

CONCLUSIONS:

1.  The applicant clearly contracted for a 4-year enlistment in the Regular Army at the time he enlisted in the USAR.

2.  However, through an administrative error, his enlistment contract into the Regular Army incorrectly reflects that he enlisted for a period of 8 years.

3.  Therefore, in the interest of justice, the applicant’s enlistment contract (DD Form 4/3, line 20a) should be amended to show that he enlisted for a period of 4 years instead of the 8 years currently reflected on that document.

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3, line 20a) of the individual concerned to show that he enlisted on 16 October 1997 for a period of 4 years.                            

BOARD VOTE:  

  KW     JHL     CMF   GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON