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ARMY | BCMR | CY2005 | 20050012837C070206
Original file (20050012837C070206.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050012837


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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 his enlistment contract be
corrected to show that he enlisted for 3 years and 16 weeks.

2.  The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the Army for 4 years and 16 weeks.

3.  The applicant provides a Memorandum for Record, dated 29 August 2005,
from Headquarters, U.S. Army Recruiting Command (USAREC) Liaison
at Fort Sill, Oklahoma; a copy of his reservation sheet; a copy of DD Form
4/1 and 4/3 (Enlistment/Reenlistment Document); a three-page copy of the
RA Applicant Data Report, dated 12 August 2005; and a copy of his DD Form
1966 (Record of Military Processing - Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment contract in paragraph 8 of section B
(Agreements) of the DD Form 4/1, shows that he enlisted in the Army Reserve
on 12 August 2005, under the Delayed Entry/Enlistment Program (DEP) for a
period of 8 years and
00 weeks.

2.  Paragraph 20a of section F of the DD Form 4/3, shows he was discharged
from the DEP and enlisted in the Regular Army for a period of 4 years and
16 weeks.

3.  Page two of the applicant's RA Applicant Data Report, shows his term of
enlistment as 4 years and 16 weeks.

4.  The Memorandum for Record from USAREC, dated 29 August 2005, shows that
the enlistment contract is incorrect and the term of enlistment should be
corrected to show 3 years and 16 weeks.

5.  The applicant's Statement of Understanding from USAREC, dated 29 August
2005, shows, that he submitted a DD Form 149 (Application for Correction of
military Record) for the correction of his enlistment contract without
coercion and for his own benefit.

6.  The two-page RA Applicant Data Report, dated 12 August 2005, shows the
applicant's personal history, provides a tentatively scheduled date for his
basic training and instructions required for his reservation to remain
valid.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his term of service on his enlistment
contract is incorrect.

2.  An error was made during the preparation of the applicant's enlistment
contract, which resulted in an incorrect term of service being shown on his
enlistment contract.

3.  The applicant's enlistment contract erroneously shows his term of
enlistment as 4 years and 16 weeks on his DD Form 4/3.  The Memorandum for
Record from USAREC, dated 29 August 2005, confirms that the enlistment
contract is incorrect and should be corrected to reflect his term of
service as 3 years and 16 weeks.

4.  Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Regular Army for 3 years and 16 weeks.  Therefore, in the
interest of justice, his enlistment contract should be amended accordingly.

BOARD VOTE:

_JEA___  _BPI____  _MJF____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL SHEARING

________  ________  ________  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 to show that he enlisted in the Regular
Army for a period of 3 years and 16 weeks instead of 4 years and 16 weeks
as currently reflected.





              __James E. Anderholm__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050012837                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/05                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |A112.0300                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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