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ARMY | BCMR | CY2004 | 2004100056C070208
Original file (2004100056C070208.doc) Auto-classification: Approved





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            20 APRIL 2004
      DOCKET NUMBER:   AR2004100056


      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. Gale J. Thomas                |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Ms. Jennifer L. Prater            |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his enlistment contract be
corrected to show that the term of service he enlisted for be changed from
6 years and 00 weeks to 8 years and 00 weeks.

3.  The applicant states, in effect, that Item 8, Section B, on the DD Form
4/1, Enlistment/Reenlistment Document, Armed Forces of the United States,
should read 8 years 00 weeks, and not, 6 years 00 weeks.

4.  In support of his application, the applicant submits a copy of her DD
Form 4/1, Enlistment/Reenlistment Document, Armed Forces of the United
States, with an effective date of 30 June 2003.

CONSIDERATION OF EVIDENCE:

1.  DD Form 4/1, in Section B, Item 8, of the applicant's enlistment
contract, shows that he enlisted in the Regular Army for 6 years and 00
weeks on
30 June 2003.

2.  On 10 November 2003, a Memorandum For Record (MFR) from the U.S. Army
Recruiting Command (USAREC), 43d Adjutant General Battalion, Fort Leonard
Wood, Missouri, confirms that the DD Form 4/1 is incorrect and the term of
his enlistment should be corrected to read, “for a period of 8 years and 00
weeks,” instead of “for a period of 6 years and 00 weeks,” as is now shown.


3.  Public Law 98-94 outlines the statutory service obligations incurred by
individuals who enlist in the any component of the U.S. military.
Effective 1 June 1984, all personnel incur an 8-year statutory obligation
on initial entry into the Armed Forces.  Before 1 June 1984, all personnel
incurred a 6-year statutory obligation on initial entry.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s enlistment
contract, which resulted in an incorrect term of service being shown on his
DD Form 4/1.

2.  The applicant's DD Form 4/1 erroneously shows his term of enlistment as
6 years and 00 weeks.  The MFR from USAREC dated 10 November 2003, confirms
that the DD Form 4/1 is incorrect and should be corrected to reflect his
term of enlistment as 8 years and 00 weeks.

BOARD VOTE:

__TDH __  __JLP___  ___LF __  GRANT 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
changing the applicant’s term of enlistment from 6 years and 00 weeks to
8 years and 00 weeks.





            ___Thomas D. Howard_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100056                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040420                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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