PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 June 2003
	DOCKET NUMBER:   AR2002082285

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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 that he enlisted in the Army for 5 years and 00 weeks instead of 4 years and 00 weeks as currently reflected.

3.  The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 4 years.  In support of his appeal, he submits a Memorandum For Record (MFR) from the United States Army Recruiting Command (USAREC) confirming that the years of service on his enlistment contract should read 5 years; a copy of an Oath of Extension of Enlistment (DA Form 1695) showing that he extended his period enlistment from 4 years to 5 years; a copy of his enlistment contract; a copy of his reservation sheet which reflects that he enlisted in the Army for 60 months; and a copy of his Statement for Enlistment which shows his term of enlistment as 5 years.

4.  The applicant’s enlistment contract (DD Form 4/1) and his Statement for Enlistment (DA Form 3286-63) show that he enlisted in the Army for 5 years and 00 weeks on 13 February 2002, under the United States Army Incentive Enlistment Program which would entitle him to a cash bonus in the amount of $14,000.000.  However, his DD Form 4/3 erroneously shows his term of enlistment as 4 years and 00 weeks.  

5.  On 19 February 2002, in an attempt to meet the terms of his enlistment requirements for a cash enlistment bonus, the applicant submitted a DA Form 1695 agreeing to extend his period of enlistment from 4 years and 00 weeks to 5 years and 00 weeks.

6.  The MFR from USAREC dated 19 February 2002, confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 5 years and 00 weeks.

CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s enlistment contract, which resulted in the incorrect term of service being reflected.

2.  He clearly enlisted in the Army for 5 years and 00 weeks on 13 February 2002 and his DD Form 4/3 should be appropriately amended.

3.  Additionally, once the error was made on his DD Form 4/3, the applicant erroneously submitted a DD Form 1695 believing that it was necessary in order for him to receive the cash enlistment bonus and to correct his enlistment contract.  However, extending his enlistment for an additional 12 months neither makes him eligible for the enlistment bonus nor was it the appropriate action to take to correct his enlistment contract.  

4.  He is undoubtedly entitled to the cash enlistment bonus and his records should be corrected accordingly.

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

RECOMMENDATION:  

1.  That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 5 years and 00 weeks instead of 4 years and 00 weeks as currently reflected. 

2.  That the 19 February 2002, Oath of Extension of Enlistment that the applicant erroneously submitted in an attempt to make himself eligible for the $14,000.00 enlistment cash bonus be voided.

BOARD VOTE:  

___jhl   __  ___jlp___  __pms __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069398	
SUFFIX		
RECON	2003/06/03	
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  222	112.0000	
2.  225	112.0300	
3.		
4.		
5.		
6.