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ARMY | BCMR | CY2004 | 20040000091C070208
Original file (20040000091C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 25, 2005
      DOCKET NUMBER:  AR20040000091


      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. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. LaVern M. Douglas             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his enlistment contract be corrected to
show that he enlisted in the Army for 5 years and 16 weeks.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 5 years and 00 weeks.

3.  The applicant provides in support of his application 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 and 16 weeks; a copy of his Reservation Sheet; a copy of his Record
of Military Processing; a copy of his enlistment orders; and a copy of one
page of his enlistment contract (DD Form 4/3).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s reservation sheet shows that he enlisted in the Army
for 5 years and 16 weeks on 23 March 2004.  However, his DD Form 4/3 shows
his term of enlistment as 5 years and 00 weeks.

2.  The MFR from USAREC dated 26 March 2004 confirms that the DD Form 4/3
is incorrect and should be corrected to reflect his term of enlistment as
5 years and 16 weeks.

3.  On 25 May 2004, in the form of a letter, the Chief, Case Management
Division, Army Review Boards Agency, made an attempt to contact the
applicant to obtain a signed statement confirming that he understood the
available options under his enlistment contract and that he made
application to this Board under no coercion and for his own benefit.  To
date, there has been no response received from the applicant regarding the
letter.

DISCUSSION AND CONCLUSIONS:

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





2.  Although there appears to have been no response received from the
applicant regarding the letter sent to him by the Chief, Case Management
Division, it looks as if the applicant’s intent was to enlist in the Army
for 5 years and 16 weeks on 23 March 2004 and his DD Form 4/3 should be
appropriately amended.

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

BOARD VOTE:

lmd_____  kan_____  jea  _____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending the enlistment contract (DD Form 4/3) to show that he enlisted in
the Regular Army for 5 years and 16 weeks instead of 5 years and 00 weeks
as currently reflected.




                                  ____Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000091                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  222  |112.0000.0000/ENLISTMENT CONTRACT       |
|2.  225                 |112.0300.0000/TERM OF ENLISTMENT        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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