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ARMY | BCMR | CY2005 | 200500115555C070206
Original file (200500115555C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      17 November 2005
      DOCKET NUMBER:  AR20050015555


      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. Phyllis B. Mackey             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 in the Regular Army (RA) for a period of
3 years and
18 weeks instead of 8 years and 00 weeks.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the RA for a period of 8 years and 00
weeks.

3.  The applicant provides in support of his request, a Memorandum for
Record (MFR), Subject:  Correction of Term of Enlistment, from
Headquarters, United States Recruiting Command (USAREC) Liaison, 95th AG
Reception Battalion, Fort Sill, Oklahoma, dated 19 October 2005; his school
reservation notification, dated 20 September 2005; his RA Applicant Data
Report; his DD Form
1966 (Record of Military Processing-Armed Forces of the United States); and
his DD Form 4/3, dated 17 October 2005.

 CONSIDERATION OF EVIDENCE:

1.  DD 4/3, Section F (Discharge form Delayed Entry / Enlistment Program)
shows that the applicant enlisted with no prior service in the RA for 8
years and 00 weeks.

2.  The applicant’s copy of his service school reservation notification
shows that he enlisted in the RA for 3 years and 18 weeks.

3.  The MFR from USAREC dated 19 October 2005, confirms that the DD Form
4/3 is incorrect and the term of enlistment should be corrected to reflect
his enlistment in the RA as 3 years and 18 weeks.

4.  The signed MFR, dated 19 October includes a statement of understanding
to acknowledge that he understood that his request to amend his enlistment
contract was for his benefit and was not submitted under coercion.

5.  Army Regulation 601-210, paragraph 2-16, provides that under the
provisions of 10 USC 12103(d), each person who becomes a member of a U.S.
Armed Force either by enlistment, appointment, or induction, will serve in
the U.S. Armed Forces for a total initial period of 8 years.  Any part of
such service that is not active duty will be performed in a Reserve
Component.  A person’s statutory military service runs concurrent with a
contractual military service obligation.
DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s enlistment
contract, which resulted in an incorrect term of service for enlistment in
the RA being shown on his DD Form 4/3.

2.  The applicant’s DD Form 4/3 erroneously shows his term of enlistment as
8 years and 00 weeks in the RA.  The MFR from USAREC dated 19 October 2005,
confirms that the DD Form 4/3 is incorrect and should be corrected to
reflect his term of enlistment in the RA as 3 years and 18 weeks.


BOARD VOTE:

____JRM  ___LE___  __JED __  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 the enlistment contract (DD Form 4/3) of the individual concerned
to show that he enlisted in the Regular Army for 3 years and 18 weeks
instead of
8 years and 00 weeks that is currently shown.




                                  _     Lester Echols_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200500115555                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |AD                                      |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 225   |112.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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