PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-09892

	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. Loren G. Harrell		Director	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his records to show he enlisted in the Regular Army for 3 years instead of 8 years.    

3.  The applicant states that block 20a of his DD Form 4/3 reflects the wrong length of his enlistment.  

4.  The applicant’s military records show that he enlisted in the USAR Delayed Entry Program (DEP) on 15 October 1997 for a period of 8 years.  His enlistment contract stated that he would be ordered to active duty as a reservist unless he enlisted in the Regular Army for 3 years by 22 July 1998.  

5.  He was discharged from the DEP, and on 22 July 1998 he enlisted in the Regular Army.  His enlistment contract (DD Form 4/3), line 20a shows he enlisted in the Regular Army for 8 years.  However, his Statement for Enlistment, United States Army Training Enlistment Program (DA Form 3286-63), shows his term of enlistment in the Regular Army as 3 years.  At the time he submitted his application, he was serving on active duty in pay grade E-1. 

6.  In the processing of this case an advisory opinion was obtained from the Chief, Retention Management Division, Total Army Personnel Command (PERSCOM) who recommended that the DD Form 4/3, line 20a, be changed to read 3 years instead of 8 years, as supported by the annexes to the enlistment contract.  

CONCLUSIONS:

1.  The applicant’s DEP enlistment contract, his DA Form 3286-63, and the opinion from the PERSCOM confirm that the term of the applicant’s enlistment in the Regular Army was 3 years.

2.  However, his enlistment contract erroneously shows he enlisted in the Regular Army for 8 years.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned enlisted in the Regular Army on 22 July 1998 for a period of 3 years; and that his DD Form 4/3, line 20a, be changed to read 3 years instead of 8 years.  

BOARD VOTE:  

__GDP__  __CLA__  __RWG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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		        CHAIRPERSON