RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2004
      DOCKET NUMBER:  AR2004106820


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Bergquist               |     |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.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 3 years and 00 weeks.

3.  The applicant provides in support of his application a Memorandum for
Record from the United States Army Recruiting Command (USAREC), dated
22 August 2003; a copy of DD Form 4/1, 4/2 and 4/3 (Enlistment/Reenlistment
Document); a copy of DA Form 1695 (Oath of Extension of Enlistment); and a
copy of page 2 of his Enlistment Reservation Data.

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment contract in paragraph 8 of section B
(Agreements) of the DD Form 4/1, shows that he enlisted in the Army Reserve
on 27 March 2004, for a period of 8 years and 00 weeks.

2.  The applicant's enlistment contract in paragraph 8a of section B of the
DD Form 4/1, shows that he enlisted in the Regular Army on 19 August 2003,
under the Delayed Entry/Enlistment Program (DEP) for a period of 4 years
and 00 weeks.

3.  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 for a period of 3
years and 00 weeks.

4.  The applicant's Statement for Enlistment, United States Army Enlistment
Program, dated 27 March 2003, shows that the applicant’s enlistment is for
4 years to qualify him for the US Army Training Enlistment Program for the
MOS 19K (M1 Armor Crewman).

5.  DA Form 1695 (Oath of Extension of Enlistment), dated 22 August 2003,
shows that the applicant extended the term of his enlistment of 19 August
2003 for a period of 12 months and 00 weeks to satisfy military
occupational specialty enlistment period requirements.

6.  Paragraph 32a of Section IV (Certification) of the applicant's DD Form
1966/3, shows his term of enlistment as 4 years and 00 weeks.

7.  Page 2 of the applicant's Enlistment Reservation Data shows his term of
service is 48 months [4 years].

8.  The Memorandum for Record from USAREC, dated 22 August 2003, shows that
the enlistment contract is incorrect and the term of enlistment should be
corrected to show the term of enlistment as 4 years and 00 weeks.

9.  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.  As a result, the staff
of the ABCMR notified all applicants who filed similar requests to affirm
that they understood the options contained in their enlistment contracts,
that they want the requested change made, and that the request was made
without coercion and for the benefit of the applicant.  Each applicant was
provided 30 days to respond and, in the absence of a response, the
application would be considered by the ABCMR.  In this case, the applicant
did not respond within the 30 days allotted and the case is being
considered by the ABCMR.

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
enlistment contract.

3.  The 12-month extension of the service agreement entered into by the
applicant was an administrative action whose intent was to maintain the
integrity of the contractual agreement.

4.  The applicant's enlistment contract erroneously shows his term of
enlistment as 3 years and 00 weeks on his DD Form 4/3.  The Memorandum for
Record from USAREC, dated 22 August 2003, confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
service as 4 years and 00 weeks.

5.  Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Regular Army for 4 years and 00 weeks.  Therefore, in the
interest of justice, his enlistment contract should be amended accordingly.

BOARD VOTE:

___lb ___  __kan ___  _jm_____  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
rescinding the DA Form 1695, Oath of Extension of Enlistment, entered into
by the applicant on 22 August 2003, and amending the enlistment contract to
show that he enlisted in the Regular Army for a period of 4 years and 00
weeks instead of 3 years and 00 weeks as currently reflected so he may be
fully qualified for the US Army Training Enlistment Program.




                                  _____Kathleen Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106820                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/05                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  222  |112.0000/enl contract                   |
|2.  225                 |112.0300/term of enlistment             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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