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ARMY | BCMR | CY2004 | 20040007938C070208
Original file (20040007938C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 June 2005
      DOCKET NUMBER:  AR20040007938


      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. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. LaVerne 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 DD Form 4/3 (Enlistment/Reenlistment
Document – Armed Forces of The United States) be corrected to show that he
enlisted for 3 years and 16 weeks instead of 3 years and 17 weeks.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 3 years and 17 weeks.

3.  The applicant provides:

      a.  A Statement of Understanding, dated 30 August 2004, stating that
his application is being submitted under no coercion and for the benefit of
himself as the applicant.

      b.  A Memorandum of Record (MFR), dated 30 August 2004, from the
United States Army Recruiting Command (USAREC) Liaison, 43rd Adjutant
General Battalion (Reception), Fort Leonard Wood, Missouri confirming that
the term of service on the DD Form 4/3 should read 3 years and 16 weeks.

      c.  A copy of a document entitled "Congratulations!  A Successful
Reservation Was Completed For."

      d.  A copy of DD Forms 4/1-3.

      e.  A document titled RAGET (Regular Army Guaranteed Educational
Training).

      f.  A copy of an automated DA Form 1966 (Statement of Enlistment).

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment contract in paragraph 8 of section B
(Agreements) of the DD Form 4/1, show that he enlisted the Army Reserve
Delayed Entry Program (DEP) on 12 April 2004, for a period of 8 years and
00 weeks.

2.  Paragraph 20a of section F of the DD Form 4/3, shows that he was
discharged from the DEP and enlisted in the Regular Army on 25 August 2004
for a period of 3 years and 17 weeks.

2.  The MFR from USAREC, dated 30 August 2004, confirms that the enlistment
contract is incorrect and the applicant's DD Forms 4/1-3 should be
corrected to reflect his term of enlistment as 3 years and 16 weeks.

3.  The document entitled "Congratulations!  A Successful Reservation Was
Completed For" indicates his term of enlistment as being 3 years and 16
weeks.

4.  The applicant's request for correction of enlistment data, if approved
by the Army Board for Correction of Military Records (ABCMR), results in a
change to the applicant's term of military service.  The applicant has
submitted a Statement of Understanding that he understands the options
contained in his enlistment contract, that he wants the requested change
made, and that his request was made without coercion and for the benefit of
the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his enlistment contract is incorrect.

2.  An error was made during the preparation of the applicant's enlistment
contract, which resulted in the incorrect term of service being reflected
on his
DD Forms 4/1-3.

3.  The applicant's enlistment contract (DD Forms 4/1-3) erroneously shows
his term of enlistment as 3 years and 17 weeks.  The MFR from USAREC, dated

30 August 2004, confirms that the enlistment contract is incorrect and
should be corrected to reflect his term of service as 3 years and 16 weeks.

4.  The applicant clearly enlisted in the Army for 3 years and 16 weeks.
In the interest of justice, his enlistment contract should be amended
accordingly.

BOARD VOTE:

__mkp___  __phm___  __lmd___  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 to show that he
enlisted in the Army for 3 years and 16 weeks instead of 3 years and 17
weeks that is currently reflected.




                                        Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007938                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050621                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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