PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            04 DECEMBER 2001
	DOCKET NUMBER:   AR2001059493

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 by changing his 
DD Form 4/1 (Enlistment/Reenlistment Document) to show he enlisted in the Army Reserve for a period of 8 years.  

3.  The applicant states that his enlistment contract reflects his term of enlistment as 6 years, and it should read 8 years.  

4.  The applicant’s military records show that on 28 December 2000, he enlisted the U.S. Army Reserve for a period of 6 years, in the pay grade of E-2. 

5.  On 7 June 2001, a Memorandum For Record from the 43d Adjutant General Battalion, Fort Leonard Wood, Missouri concluded that the applicant's term of enlistment was incorrect and was being corrected to read "For a Period of           8 Years 00 weeks". 

6.  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

CONCLUSIONS:

1.  The evidence confirms that the applicant enlisted in the U.S. Army Reserve on 28 December 2000 and, under Public Law 98-94, on that day incurred an       8 year statutory obligation.

2.  Based on his enlistment in the U.S. Army Reserve, and that statutory obligation, the information contained in section B, DA From 4/1 is incorrect, and should reflect the applicant's correct term of enlistment as 8 years.     

3.  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 showing the applicant's term of enlistment as 8 years. 

BOARD VOTE:  

__JHL___  __MKP__  __ENA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__  Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2001059493	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.03	
2.		
3.		
4.		
5.		
6.