RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 AUGUST 2006
      DOCKET NUMBER:  AR20050011426


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 that his records be corrected by changing the
extension of service contract by effecting the date of his expiration term
of service (ETS) to 2 December 2005.

2.  The applicant states that in January 2005, he found an error on his DA
Form 4836 (Oath of Extension of Enlistment or Reenlistment) contract.  He
agreed and thought he was extending for a term of one year, however, the
form read that he had extended for three years.  Information on the initial
DA Form 4836 had been completed by his Retention NCO who had anticipated
his extension.  However, when he agreed to extend a new form was generated,
but the first form was erroneously picked up at the time of signing, and
was processed through SIDPERS (Standard Installation/Division Personnel
System).

3.  The applicant provides copies of his erroneous and corrected DA Form
4836, Memorandums to and from the G1, Kansas Army National Guard, his
Personal Qualification Record, his advancement to pay grade E-4, and his
SIDPERS input transmittal document, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant has been a member of the Kansas Army National Guard since
December 1992.  His pay entry basic date is listed as 3 December 1992.  On
    9 May 2001, he extended his enlistment for a period of three years,
establishing his ETS as 2 December 2004.

2.  The applicant's DA Form 4836, dated 21 November 2004, extended his
enlistment for a period of three years, changing his ETS date from 2
December 2004 to 2 December 2007, using National Guard Army Regulation 600-
200, Table 7-1, Rule B.

3.  On 23 January 2005, the applicant's commander initiated a second DA
Form 4836, dated 23 January 2005, under National Guard Army Regulation 600-
220, Table 7-1, Rule A, in an attempt to correct his extension of service
to a period of
one year thereby changing his ETS from 2 December 2004 to 2 December 2005.

4.  On 1 February 2005, the Readiness NCO forwarded a Memorandum to
Headquarters, Kansas Army National Guard, requesting a correction to the
applicant's extension contract.  The memorandum noted that the applicant
had agreed to an one year extension, but inadvertently was sworn in on a
copy that extended him for three years.
5.  On 3 March 2005, the request for correction to the Kansas Army National
Guard was denied, noting that there were no provisions in the National
Guard Regulation (NGR) 600-200 that would allow for rescinding an invalid
DA Form 4836, and recommended that the applicant apply to this Board for
relief.

6.  In the processing of this case an Advisory Opinion was obtained from
the National Guard Bureau, Personnel Division, with concurrence from the
Personnel Policy and Readiness Division, which recommended disapproval of
the applicant's request.  The opinion stated that while the applicant may
not have wanted to extend for three years, National Guard Regulation 600-
200, Table 7-1, shows that he was not eligible for an one year extension
since he had over 10 years of service, from his pay entry basic date, at
the time of the extension on
21 November 2004.  He was eligible for a minimum three year extension and
his ETS should remain as 2 December 2007.

7.  On 31 July 2006, the advisory opinion was forwarded to the applicant
for his concurrence and or comments.  The applicant did not provide a
response.  However, information available to the Board indicates that he is
currently deployed with the 1/37th Infantry, Camp Slayer, Iraq.

8.  National Guard Regulation 600-200 (Enlisted Personnel Management)
provides, in pertinent part, that Table 7-1, Rule A, applies to extensions
of service for Soldiers with less that 10 years of service at ETS who are
extending for 1, 2, 3, 4, 5, or 6 years.  Table 7-1, Rule B, applies to
extensions of service for Soldiers with 10 years or more of service at ETS
who are extending for a period of 3, 4, 5, or 6 years.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant’s pay entry basic date was
3 December 1992.  This date verifies that on 21 November 2004, the date he
extended, he had over 10 years of service.  In accordance with the cited
regulation, he was ineligible to extend for one year and was required to
extend for a minimum of three years.  Therefore, there is no error or
injustice and no basis for correction of the applicant's extension of
service contract.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JM __  __SF____  ___RH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  ____ Jeanette McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011426                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]