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ARMY | BCMR | CY2005 | 20050008819C070206
Original file (20050008819C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050008819


      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. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, paragraph 20a, of
his
DD Forms 4/3 (Enlistment/Reenlistment Document - Armed Forces of the United
States) be corrected to show his term of enlistment as being 3 years and 21
weeks instead of 8 years and 00 weeks.

2.  The applicant states no additional information and/or details.

3.  The applicant provides:

      a.  Memorandum For Record, dated 30 November 2004, stating that his
application is being submitted under no coercion and for the benefit of
himself as the applicant.

      b.  A copy of a document entitled "Congratulations!  A Successful
Reservation Was Completed For."

      c.  A copy of a document entitled "RA Applicant Data Report."

      d.  A copy of a document entitled "Job Quals Information For."

      e.  A copy of DD Forms 1966/1-6 (Record of Military Processing –
Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant failed to provide a copy of the DD Forms 4/3 he desires
to have corrected.  However, his DD Forms 4/1-3 was obtained from an
alternate source.

2.  The applicant's enlistment contract in paragraph 8 of section B
(Agreements) of the DD Forms 4/1, show that he enlisted in the Army Reserve
Delayed Entry Program (DEP) on 15 November 2004, for a period of 8 years
and 00 weeks.

3.  Paragraph 20a of section F of the DD Forms 4/3, show that he was
discharged from the DEP and enlisted in the Regular Army on 24 November
2004 for a period 8 years and 00 weeks.

4.  The document entitled "Congratulations!  A Successful Reservation Was
Completed For" indicates his term of enlistment as being 3 years and 21
weeks.

5.  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.  The applicant has
submitted a Statement of Understanding that he understands the options
contained in his enlistment contract, that he wants the requested change
made, and that his request was made without coercion and for the benefit of
the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his enlistment contract is incorrect.

2.  An error was made during the preparation of the applicant's enlistment
contract, which resulted in the incorrect term of service being reflected
on his
DD Form 4/3.

3.  DD Form 4/3 of the applicant's enlistment contract erroneously shows
his term of enlistment as 8 years and 00 weeks.  The document entitled
"Congratulations! A Successful Reservation Was Completed For", confirms
that the enlistment contract is incorrect and should be corrected to
reflect his term of service as 3 years and 21 weeks.

4.  The applicant clearly enlisted in the Army for 3 years and 21 weeks.
In the interest of justice, his enlistment contract should be amended
accordingly.

BOARD VOTE:

__mkp___  __lds___  __mjf___  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 the record
of the individual concerned be corrected by amending DD Form 4/3 of the
individual’s enlistment contract to show that he enlisted in the Regular
Army for 3 years and 21 weeks instead of 8 years and 00 weeks that is
currently reflected.



                                        Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050008819                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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