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ARMY | BCMR | CY2004 | 2004100935C070208
Original file (2004100935C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2004
      DOCKET NUMBER:  AR2004100935


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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, in effect, that his enlistment contract be
corrected to show that he enlisted for 4 years and 00 weeks instead of 8
years and 00 weeks.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Regular Army for 8 years.

3.  The applicant provides, in support of his application, copies of a
Memorandum for Record (MFR) from the U.S. Army Recruiting Command (USAREC)
his
DD Form 4/1 (Enlistment/Reenlistment Documents), and his Enlistment
Reservation Data (ERD), pages 1 and 2.

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment contract (DD Form 4/1) shows that, on
20 December 2003 he enlisted in the Regular Army for a period of 8 years
and 00 weeks.

2.  Page 1 of the applicant's ERD shows his term of service as 4 years and
00 weeks.

3.  Page 2 of the ERD, shows his term of enlistment as 48 months.

4.  The MFR from USAREC, dated 2 January 2004, confirms that the enlistment
contract is incorrect and that the term of his enlistment should be
corrected to show the term of enlistment as 4 years and 00 weeks.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his term of service on his enlistment
contract is incorrect.

2.  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.

3.  The applicant's enlistment contract (DD Form 4/1) erroneously shows his
term of enlistment as 8 years and 00 weeks.

4.  The Enlistment Reservation Data and the MFR from USAREC, confirms that
the enlistment contract is incorrect and should be corrected to reflect his
term of service as 4 years and 00 weeks.

5.  The applicant clearly enlisted in the U.S. Army for 4 years and 00
weeks.  In the interest of justice, his enlistment contract should be
amended accordingly.

BOARD VOTE:

__MDM__  __LGH__  __LDS__  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
showing that he enlisted in the Regular Army for a period of 4 years and 00
weeks




                                  _        Mark D. Manning____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004100935                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.30                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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