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ARMY | BCMR | CY2004 | 2004101943C070208
Original file (2004101943C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 26, 2004
      DOCKET NUMBER:       AR2004101943


      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:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 (DD Form 4/1) be
corrected to show that he enlisted in the Army Reserve for 3 years and 00
weeks.

2.  The applicant states that all of his documentation, including his
enlistment packet reflects that he enlisted in the Army Reserve for 3
years; however, his DD Form 4/1 erroneously shows that he enlisted in the
Army Reserve for 8 years and 00 weeks.

3.  The applicant provides in support of his application, a copy of his
enlistment contract; a copy of his Record of Military Processing (DD Form
1966/1); a copy of his Certificate and Acknowledgement of United States
Army Reserve Service Requirements (DA Form 3540-R); and a copy of his
Statement for Enlistment.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s DD Form 1966/1 shows his term of enlistment as 3 years
and his DA Form 3540-R shows that, at the time of his enlistment, a prior
service enlistment bonus addendum (DA Form 5261-5R) was prepared.

2.  His DD Form 4/1 erroneously shows that he enlisted in the Army Reserve
for 8 years and 00 weeks.

3.  In a memorandum dated 8 November 2003, from Headquarters, United States
Army 89th Regional Readiness Command, to the Commander, 313th Medical
Hospital, the Command Retention Officer affirmed that the applicant’s DD
Form 4/1 reflects an 8-year enlistment and that a prior service enlistment
would not be 8 years.  The Command Retention Officer stated that the
maximum contract for which the applicant could enlist would be for 6 years;
and that contact made by him to the Kansas city Recruiting Battalion
reveals that a typographical error was made during the preparation of the
applicant’s enlistment contract.  The Command Retention Officer recommended
that the applicant’s enlistment contract and addendums be submitted to this
Board for consideration.

DISCUSSION AND 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.

2.  In accordance with the applicable regulation a prior service enlistment
would not be for 8 years and the maximum contract for a prior service
enlistment would be 6 years.  Therefore, his DD Form 4/1 is incorrect as
currently reflected.

3.  His DD Form 1966/1 shows his term of enlistment as 3 years.  It is
reasonable to believe that his intent was to enlisted in the Army Reserve
for 3 years and 00 weeks on 25 March 2002 and his DD Form 4/1 should be
appropriately amended.

4.  In view of the foregoing, the applicant’s records should be corrected
to reflect the correct number of years of service for which he enlisted.

BOARD VOTE:

js  ___  __  ep______  cg______  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 his DD Form 4/1 to show that he enlisted in the Army Reserve for
3 years and 00 weeks, instead of 8 years and 00 weeks as currently
reflected.





                                  _____John Slone___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101943                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041026                                |
|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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