PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 September 2001                   
	DOCKET NUMBER:   AR2001061314

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 her enlistment contract be corrected to show she enlisted for 3 years.

3.  The applicant states she entered active duty believing she enlisted for 3 years.  Her Enlistment/Reenlistment Document, DD Form 4/1, shows that she enlisted for 3 years.  The DD Form 4/3 shows 4 years.  The Record of Military Processing, DD Form 1966, shows 3 years but was changed by hand to read     4 years.  Her original document, which is a carbon copy, does not have the handwritten paragraph shown on the file copy.  She states that her signature has been forged on one of the documents.  Her Statement for Enlistment, United States Army Training Enlistment Program, DA Form 3286-63, shows that her term of enlistment in the Regular Army was 3 years.  She admits she signed the DD Form 4/3 but she was deceived.  She had already prepared to separate by reserving an apartment and buying furniture when she was told her expiration term of service (ETS) was 6 April 2002.

4.  The applicant’s military records are not available.  The information contained herein was obtained from alternate sources.

5.  The applicant enlisted in the U. S. Army Reserve, Delayed Entry Program on 18 February 1998.  Her DD Form 4/1 shows that she was to enlist in the Regular Army for not less than 3 years.  Her DA Form 3286-59 dated 18 February 1998 shows that she was to enlist for 3 years.  Her DA Form 3286-63, signed by the counselor on 18 February 1998 but signed by her on 7 April 1998 shows that her term of enlistment in the Regular Army to be 3 years.  

6.  On 7 April 1998, the applicant enlisted in the Regular Army.  The DD Form 4/3 shows she enlisted for 4 years.  The DD Form 1966/3 on file in her military records is annotated that her term of service was changed from 3 years to 4 years with her approval.  The applicant’s signature appears next to this entry.  However, the DD Form 1966/3 provided the applicant does not contain this entry. 

7.  The applicant’s leave and earnings statement for the period 1 – 30 June 1998 shows her ETS as 6 April 2001.  As of 26 January 2001, the Enlisted Distribution and Assignment System (EDAS) showed her ETS as 6 April 2001.

CONCLUSIONS:

1.  The Board concludes that there is evidence of Government error in this case.

2.  The applicant has provided no evidence that her signature was forged on any document (presumably the DD Form 1966/3) and she does not explain how she was “deceived” into signing the DD Form 4/3.  However, if her term of enlistment was changed from 3 to 4 years with her approval, all enlistment documents should have been corrected to avoid any confusion on the part of the soldier or the Army.  There are enough discrepancies on her enlistment documents, combined with the fact that as late as 26 January 2001 EDAS showed her ETS to be 6 April 2001, for the Board to conclude that any doubt should be resolved in the applicant’s favor.

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:

     a.  amending the applicant’s enlistment contract to show she enlisted in the Regular Army on 7 April 1998 for 3 years; and

     b.  showing that the applicant was retained in the service beyond her ETS for the convenience of the Government.

2.  That the applicant be released from active duty no later than 30 days after receipt of this Board action by the U. S. Army Enlisted Records and Evaluation Center.

BOARD VOTE:  

__jhl___  __mhm___  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061314	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.03	
2.		
3.		
4.		
5.		
6.