PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            28 July 1999
	DOCKET NUMBER:   AR1999024388

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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 that his records be corrected to show that he enlisted for a period of 4 years instead of the 8 years indicated on his enlistment contract.

3.  The applicant states, in effect, that he enlisted for a period of 4 years on 11 February 1999.  However, his enlistment contract (DD Form 4/1) incorrectly indicates that he enlisted for a period of 8 years.

4.  The applicant’s military records show that the applicant enlisted in the Regular Army on 11 February 1999 for a period of 8 years.  His enlistment contract shows on the first page (DD Form 4/1) that he enlisted for a period of 8 years.  However, the remaining documents/annexes in his contract indicates that he has a 4-year active duty commitment.  Additionally, the Recruiting Command Reservation Sheet clearly shows that he enlisted for a period of 4 years.

5.  In the processing of this case, a staff advisory opinion was obtained from the Retention Management Division of the Total Army Personnel Command (PERSCOM)  which opined that the applicant’s enlistment contract (DD Form 4/1, line 8) dated 11 February 1999 incorrectly reflects that he enlisted for a period of 8 years and should be corrected to reflect 4 years.  The advisory opinion was forwarded to the applicant for comment and to date no response has been received by the Board.

CONCLUSIONS:

1.  The applicant clearly contracted for a 4-year enlistment in the Regular Army at the time he enlisted.

2.  However, through an administrative error, his enlistment contract into the Regular Army reflects that he enlisted for a period of 8 years.

3.  Therefore, in the interest of justice, the applicant’s enlistment contract (DD Form 4/1, line 8) should be amended to show that he enlisted for a period of 4 years instead of the 8 years currently reflected on that document.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/1, line 8) of the individual concerned to show that he enlisted on 11 February 1999 for a period of 4 years.

BOARD VOTE:  

___lem__  ___fe ___  ___mvt__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____F. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024388	
SUFFIX		
RECON		
DATE BOARDED	1999/07/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  225 	112.0300/CHG TERM OF ENL	
2.		
3.		
4.		
5.		
6.