PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 October 2002
	DOCKET NUMBER:   AR2002076987

	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	
	M .		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		Member	

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

	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 enlistment contract be corrected to show he enlisted for 6 years.

3.  The applicant states that he reenlisted for 6 years, not for 5 years.  He provides a copy of his Enlistment/Reenlistment Document Armed Forces of the United States, DD Form 4-series dated 27 August 2001 showing he reenlisted for 6 years as supporting evidence.

4.  The applicant’s military records show that he originally enlisted in the Regular Army on 21 July 1987.  

5.  The applicant last reenlisted on 27 August 2001, in the rank of Sergeant, E-5 promotable, for 6 years.  Because the retention control point for a Sergeant, E-5 promotable is 20 years of active service, he should have been restricted to a     5-year reenlistment period.  Apparently based on this fact, his retention noncommissioned officer re-executed the DD Form 4/1 to show the applicant reenlisted for 5 years.  The DD Form 4/1 showing he reenlisted on 27 August 2001 for 5 years is on file in his Official Military Personnel File (OMPF).

6.  On 9 September 2002, apparently in response to a request from the applicant, the U. S. Total Army Personnel Command (PERSCOM) validated his 6-year reenlistment and approved his retention under the provisions of Army Regulation 635-200, paragraph 7-16 (defective or unfulfilled enlistment or reenlistment agreements).

CONCLUSIONS:

1.  On 9 September 2002, PERSCOM already validated the applicant's             27 August 2001 6-year reenlistment even though he was authorized to reenlist for a period of only 5 years. 

2.  All versions of the applicant's 27 August 2001 reenlistment contract which show he reenlisted for 5 years should be expunged from his records and replaced with the 27 August 2001 reenlistment contract that shows he reenlisted for 6 years.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by expunging from all the applicant's records all versions of his 27 August 2001 reenlistment contract that show he reenlisted for 5 years and replacing them with the version of his 27 August 2001 reenlistment contract that show he reenlisted for 6 years.

BOARD VOTE:  

__RJW__  __RWA__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___   Raymond J. Wagner     _
		           CHAIRPERSON

INDEX

CASE ID	AR2002076987	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.03	
2.		
3.		
4.		
5.		
6.