RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050004010


      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          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 B (Agreements), Block 8
of her
DD Form 4/1 (Enlistment/ Reenlistment Document) be corrected to show that
she enlisted in the Regular Army (RA) for 2 years and 00 weeks instead of 3
years and 00 weeks.

2.  The applicant states, in effect, that she has prior service and a 3
year enlistment would cause her to exceed a total of 8 years of Federal
military service.  She further states that because she is not yet a U.S.
citizen, Army regulations prohibit an enlistment that, when combined with
previous Federal service, would exceed a total of 8 years Federal service.

3.  The applicant provides a copy of:

      a.  pages 1 and 2 of her Enlistment Reservation Data;

      b.  her DD Form 4/1(Enlistment/Reenlistment Document), dated 16
February 2005;

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

      d.  an undated Statement of Understanding signed by the applicant;
and

      e.  her Resident Alien card and her Social Security card.

CONSIDERATION OF EVIDENCE:

1.  The applicant's Official Military Personnel File (OMPF) showed that the
applicant initially enlisted in the Army Reserve (USAR), Delayed
Entry/Enlistment Program (DEP) on 17 August 1999.  She was discharged from
the DEP on
7 September 1999.  She had completed 22 days in the DEP.

2.  On 8 September 1999, the applicant enlisted in the RA for a period of 4
years. On 20 December 2003, the applicant was released from active duty due
to completion of required active service and transferred to the USAR
Control Group (Reinforcement).  She had completed 4 years, 3 months, and 13
days of active service that was characterized as honorable.

3.  On 16 February 2005, the applicant reenlisted in the RA.  She had
completed 1 year, 1 month, and 25 days in the USAR (inactive).
4.  Page 1 of the applicant's Enlistment Reservation Data showed her term
of service as 3 years and 0 weeks.

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

6.  Item 1f of the applicant's Statement for Enlistment, United States Army
Enlistment Program, dated 15 February 2005, showed that she acknowledged
that the term of her enlistment in the RA was 3 years and 00 weeks.

7.  The applicant's DD Form 4/1 showed that on 16 February 2005, she
enlisted in the Regular Army for a period of 3 year and 00 weeks.

8.  Item 7 (PREV MIL SVC UPON ENL/REENLIST) of the applicant's DD Form 4/1
was left blank.

9.  The MFR from USAREC, dated 24 February 2005, confirmed that the
applicant's enlistment contract is incorrect and that the term of the
applicant's enlistment should be corrected to show the term of enlistment
as 2 years and
00 weeks.  However, USAREC provided no reason or justification for the
change.

10.  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.

11.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), then in effect, in pertinent part, prescribes basic eligibility
criteria for prior service applicants for enlistment in the RA.  This
regulation stated that prior service applicants may not enlist if they are
not U.S. citizens and their total Federal military service is more than 8
years.  These applicants may not enlist for a period which, when added to
previous Federal military service, will exceed
8 years total Federal military service.  Federal military service includes
all periods of military service - active and inactive.  Time in the DEP if
after 1985 is excluded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the term of service on her DD Form 4/1
should read 2 years 00 weeks instead of 3 years 00 weeks.

2.  The evidence shows the applicant has not yet attained U.S. citizenship.

3.  For the purpose of enlisting a prior service applicant who has not
attained U.S. citizenship, 8 September 1999 is the start date for
computation of the applicant's total Federal military service.

4.  Therefore, at the time of the applicant's enlistment on 16 February
2005, she had completed 5 years, 5 months, and 7 days of previous Federal
military service.

5.  Based on the above computations, a 3 year enlistment would, when added
to previous Federal military service, exceed 8 years total Federal military
service.  Therefore, the applicant's DD Form 4/1 should be amended to show
that she enlisted in the RA for 2 years and 00 weeks.

BOARD VOTE:

___sk___  ___jtm___  ____rld__  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 B, Item 8 of the applicant's DD Form 4/1, dated 16
February 2005, to show that the applicant enlisted in the RA for 2 years
and 00 weeks.




                                  _________Stanley Kelley________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004010                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|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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