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ARMY | BCMR | CY2003 | 2003085800C070212
Original file (2003085800C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2003085800


         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. Maria C. Sanchez Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Margaret V. Thompson 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 4 years.

3. The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 3 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 4 years. He also submits a copy of an extension of his enlistment showing that he extended for 1 year, in order to receive his bonus.

4. The applicant’s enlistment contract (DD Form 4/1) and his Statement for Enlistment (DA Form 3286-59) shows that he intended to enlist in the Army for 4 years and 00 weeks, training as an automated logistical specialist and an enlistment bonus. However, his DD Form 4/3 shows his term of enlistment as 3 years and 00 weeks.

5. The MFR from USAREC dated 3 February 2003 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 4 years.

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, which made him ineligible to receive his enlistment bonus.

2. Although he extended his enlistment this does not qualify him for his bonus.

3. The applicant clearly intended to enlist in the Army for 4 years and 00 weeks on 29 January 2003 and, in the interest of justice, his enlistment contract (DD Form 4/3) should be amended accordingly.

4. 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 amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 4 years and 00 weeks instead of 3 years and 00 weeks as currently reflected, and that his 1 year extension of enlistment dated 3 February 2003 be voided.

BOARD VOTE:

___jlp___ ___mvt __ ___ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Jennifer L. Prater_____
                  CHAIRPERSON



INDEX

CASE ID AR2003085800
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/03/18
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 222 112.0000/enl contract
2. 225 112.0300/term of service
3.
4.
5.
6.


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