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ARMY | BCMR | CY2002 | 2002082170C070215
Original file (2002082170C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2002082170


         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Ted S. Kanamine Member
Mr. Lawrence Foster 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 (DD Form 4/3, section 20a) be corrected to reflect 3 years.

3. The applicant states, in effect, that he enlisted for a period of 3 years; however, section 20a of his DD Form 4/3 incorrectly indicates he enlisted for a period of 4 years. The remainder of his contract indicates 3 years and he has provided a memorandum from the Military Entrance Processing Station (MEPS) Operations Supervisor which confirms that he enlisted for a period of 3 years.

4. The applicant’s military records show that he enlisted on 28 June 2000 for a period of 3 years, under the airborne infantry enlistment option. He was processed at the Raleigh, North Carolina MEPS and his contract (less item 20a, DD Form 4/3) was prepared to reflect a 3-year enlistment. Item 20a reflects 4 years.

5. The memorandum from the Operations Supervisor of the Raleigh MEPS indicates that a typo-graphical error was made in item 20a of the DD Form 4/3 to indicate 4 years, when in fact it should reflect 3 years.

6. A review of the reservation sheet completed when he applied for enlistment also shows he enlisted for a period of 3 years.

CONCLUSIONS:

1. The evidence is clearly convincing that the applicant enlisted for a period of 3 years and that an administrative error resulted in a period of 4 years being entered in item 20a of his DD Form 4/3 at the time of his enlistment.

2. Accordingly, the Board finds that it would be in the interest of justice to correct his records to reflect that he enlisted for a period of 3 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 showing in item 20a of the DD Form 4/3 dated 28 June 2000, pertaining to the individual concerned, that he enlisted for a period of 3 years, vice the 4 years currently reflected on that form.

BOARD VOTE:

___lf____ __tk____ __mkp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson__
                  CHAIRPERSON




INDEX

CASE ID AR2002082170
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/13
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 225 112.0300/ENL TERM
2.
3.
4.
5.
6.


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