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ARMY | BCMR | CY2004 | 2004105816C070208
Original file (2004105816C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 4, 2005
      DOCKET NUMBER:  AR2004105816


      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. Karen A. Heinz                |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 6 years and 00 weeks.

2.  The applicant states that he enlisted in the in the Delayed Entry
Program (DEP) for a military occupational specialty (MOS) with a 4-year
minimum term.  He states that his enlistment contract was renegotiated
while he was in the DEP for an MOS with a minimum term of 6 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
6 years and 00 weeks; a copy of his Reservation Sheet; and a copy of his
enlistment contract.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s reservation sheet shows that he enlisted in the Army
for 6 years and 00 weeks on 9 March 2004.  However, his enlistment contract
shows his term of enlistment as 4 years and 00 weeks.

2.  The MFR from USAREC dated 11 March 2004 confirms that this enlistment
contract is incorrect and should be corrected to reflect his term of
enlistment as 6 years and 00 weeks.

3.  On 2 June 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 to the letter from the applicant.

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 6 years and 00 weeks on 9 March 2004 and his enlistment contract should
be appropriately amended.

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

BOARD VOTE:

jbg_  ____  rld    ____  kh______  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 of the individual concerned to show that
he enlisted in the Regular Army for 6 years and 00 weeks instead of 4 years
and 00 weeks as currently reflected.




                                  ___   _Karen A. Heinz      __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105816                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050104                                |
|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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