RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:        14 December 2004
      DOCKET NUMBER:  AR2004106835


      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. Eric S. Moore                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Diane J. Armstrong            |     |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 a Memorandum for Record from the United States
Army Recruiting Command (USAREC), dated 18 July 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 pages 1 and 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 13 June 2003, 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 7 July 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 15 July 2003, shows that the applicant's enlistment is for 4
years to qualify him for the US Army Training Enlistment Program for the
MOS 92A (Automated Logistical Specialist).

5.  A DA Form 1695, dated 18 July 2003, shows that the applicant extended
the term of his enlistment of 15 July 2003 for a period of 12 months and 00
weeks to satisfy military occupational specialty enlistment period
requirements.

6.  Page 1 of the applicant's Enlistment Reservation Data shows his term of
service as 4 years and 00 weeks.

7.  The Memorandum for Record from USAREC, dated 18 July 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.

8.  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 service agreement entered into by the
applicant was an administrative action whose intent was to maintain the
integrity of the contractual agreement.  However, it was an inappropriate
action and should be voided

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 18 July 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:

___dja __  __jlp ____  ___le ___  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
voiding the DA Form 1695, Oath of Extension of Enlistment, entered into by
the applicant on 18 July 2003, and by 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.




                                  ____   Jennifer L. Prater_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106835                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/14                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.0000/enl contract                   |
|2.                      |112.0300/term of enlistment             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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