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ARMY | BCMR | CY2005 | 20050003047C070206
Original file (20050003047C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050003047


      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. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Della R. Trimble              |     |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 Section F (Discharge from
Delayed Entry/Enlistment Program), Block 20a of his DD Form 4/3
(Enlistment/ Reenlistment Document) be corrected to show that he enlisted
in the Regular Army (RA) for 5 years and 00 weeks instead of 4 years and
00 weeks.

2.  The applicant states, in effect, that the term of service on his DD
Form 4/3 is incorrect.

3.  The applicant provides a copy of:

      a.  pages 1 through 3 of his Enlistment Reservation Data;

      b.  two pages of his DD Form 4 (Enlistment/Reenlistment Document):
DD Form 4/1, dated 12 January 2005, and DD Form 4/3, dated
2 February 2005;

      c.  a Memorandum for Record (MFR) from the U.S. Army Recruiting
Command (USAREC) Liaison at Fort Leonard Wood, Missouri, dated
4 February 2005; and

      d.  a Statement of Understanding, dated 4 February 2005, signed by
the applicant.

CONSIDERATION OF EVIDENCE:

1.  Page 1 of the applicant's Enlistment Reservation Data showed his term
of service as 5 years and 0 weeks.

2.  Page 2 of the applicant's Enlistment Reservation Data, under Enlistment
Category and Reservation Information, showed his term of enlistment as
60 months.

3.  The applicant's DD Form 4/1 showed that he enlisted in the U.S. Army
Reserve on 12 January 2005 for a period of 8 years.  This form also showed
that he enlisted under the Delayed Entry/Enlistment Program (DEP) and that
he would be ordered to active duty as a Reservist unless he reported on 2
February 2005 for enlistment in the Regular component of the U.S. Army for
a period of
5 years.

4.  Section F, Item 20a of the applicant's DD Form 4/3 showed that he was
discharged from DEP and enlisted in the Regular Army for 4 years and
00 weeks.

5.  Item 1l of the applicant's Statement for Enlistment, United States Army
Enlistment Program, dated 2 February 2005, showed that the applicant
acknowledged that his term of enlistment in the Regular Army was 5 years
and 00 weeks.

6.  The MFR from USAREC, dated 4 February 2005, confirmed that the
enlistment contract is incorrect and that the term of the applicant's
enlistment should be corrected to show the term of enlistment as 5 years
and 00 weeks.

7.  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
affirmed the request to change the enlistment data, and the case is being
considered by the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his term of service on his DD Form 4/3
should read 5 years 00 weeks instead of 4 years 00 weeks.

2.  The preponderance of the evidence in this case shows that the
applicant's intent was to enlist in the RA for a period of 5 years.

3.  The MFR from USAREC confirms that the DD Form 4/3 is incorrect and
should be corrected to reflect the applicant's term of service in the RA as
5 years and 00 weeks.

4.  In view of the above, the applicant's DD Form 4/3 should be amended to
show he enlisted in the RA for a period of 5 years.

BOARD VOTE:

___sk___  ___drt___  ____dja__  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 Section F, Item 20a of the applicant's DD Form 4/3 to read 5 years
and 00 weeks instead of 4 years and 00 weeks.





                                  ________Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003047                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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