MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 August 1999                  
	DOCKET NUMBER:   AR1999021524

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his enlistment contract (DD Form 4/1) be corrected to reflect that he enlisted for a period of three years and not eight as is currently reflected on his DD Form 4/1.

APPLICANT STATES:  His contract only required a 3 years term of enlistment.

EVIDENCE OF RECORD:  The applicant's military records show:

On 12 November 1998 he enlisted under the Delayed Entry Program (DEP).  His enlistment was as a member of the Army Reserve for a period of 8 years with the understanding that he would enter active duty for a period of 3 years on 
30 December 1998.  His DD Form 4/1 confirms the 8-year statutory service obligation and the 3 year active duty contractual commitment.

Public Law 98-94 outlines the statutory service obligations incurred by individuals who enlist in the any component of the U.S. military.  Effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.  Before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry.

A contractual obligation is acquired by signing a contract to serve on active duty or in a Reserve Component.  The contractual obligation may run concurrently with the statutory obligation or it may extend past the statutory obligation.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence confirms the applicant enlisted in the Army Reserve under the delayed entry program and subsequently enlisted for a period of 3 years of active Federal service.

2.  His 8-year statutory service obligation as required by Public Law 98-94 and his 3-year active Federal contractual term of service are both properly reflected on the applicant’s enlistment documents (DD Form 4/1).

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

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhk___  ___wtm__  ___jpi__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

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