MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           6 December 2001                   
	DOCKET NUMBER:   AR2001059120

	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. Carl W. S. Chun		                         Director	
	Mr. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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:  In effect, that the date that he signed his reenlistment contract and the addenda to that contract be corrected from 28 December 1995 to 11 November 1995.

APPLICANT STATES:  A typographical error was made in the preparation of his reenlistment contract.

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

He enlisted in the Army Reserve Delayed Entry Program for 8 years on 29 September 1987.  He enlisted in the Regular Army in pay grade E-3 for 4 years on 18 November 1987.

He was promoted to pay grade E-4 and was honorably released from active duty on 13 November 1991.

On 28 December 1995 the applicant signed a DD Form 4, Enlistment/Reenlistment Document, attesting that he had been administered the oath of reenlistment on that date.  On the same date a captain signed the applicant’s DD Form 4 attesting that he had administered the oath of reenlistment to the applicant on that date.  All other dates contained on the applicant’s DD Form 4, with the exception of the date of his reenlistment, were dated 28 December 1995.  The applicant’s date of reenlistment, as entered on item 5 of his DD Form 4, is 11 November 1995.  The applicant had reenlisted in pay grade E-5.

At the time the applicant submitted his request to the Board he was assigned to an Army Reserve unit in pay grade E-7.

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

1.  It would appear that the applicant actually took the oath of reenlistment on 28 December 1995, not 11 November 1995.  As such, it would appear that the appropriate correction to the applicant’s records would be to change item 5 of his DD Form 4 to read 28 December 1995.

2.  However, the applicant did not ask for that correction.  He asked that the date he was administered his oath of reenlistment, and all other dates pertaining to his reenlistment, be corrected to 11 November 1995.  The Board is precluded from making any correction of record which is not requested by the lawful applicant.

3.  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

_fne ____  ____tap__  __hbo___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001059120	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.