MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 August 2003
	DOCKET NUMBER:   AR2003085652

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 17 weeks of his enlistment contract be voided and that his expiration of term of service (ETS) be changed to 21 June 2003.

APPLICANT STATES:  That upon entering the Army, he was recruited for assignment to The Old Guard (TOG) and in doing so, was told that his Ranger contract was forfeited.  Therefore, he requests that the 17 weeks added to his contract for Ranger Training be voided.  He further states that Army Regulation 601-210 provides the standards and requirements for enlistment in Program 9-B (Ranger Training Option) and it does not provide instructions to extend an enlistment contract.  Accordingly, he desires his expiration of term of service be changed to 21 June 2003. 

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

He enlisted in Albany, New York, on 21 June 2001, for a period of 3 years and 17 weeks, training in the Infantry Career Management Field (CMF), Airborne training, Ranger training and a cash enlistment bonus.  At the time of his enlistment he acknowledged that he understood that he had volunteered to attend airborne and Ranger training before he could be assigned to a Ranger unit and that failure to do so would result in disqualification of that option.

The applicant completed his basic, advanced and airborne training at Fort Benning, Georgia, and based on his voluntarily waiving his Ranger training, was reassigned to the 3rd Infantry Regiment (TOG) at Fort Myer, Virginia.    

In the processing of this application an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Retention Management Division, which opined, in effect, that Army Regulation 601-210, Table 9-3, provides that persons who waive their enlistment options are required to complete the term of service for which they enlisted.  The opinion was forwarded to the applicant for a response and to date he has failed to do so.

Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army.  It provides, in pertinent part (table 9-3, line 6), that applicant's who elect to waive their enlistment option are required to complete the term of service for which they enlisted. 

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.  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 this requirement.

2.  By the applicant's own admission, he was informed at the time that he volunteered for assignment to The Old Guard, that he would forfeit his Ranger Training enlistment option if accepted to assignment to The Old Guard and such was the case.  However, in doing so, it does not negate the period of his enlistment.

3.  The Board finds that he was properly informed at the time that he would not attend the Ranger course and would have to waive that portion of his contract if he volunteered for the assignment.  The Board finds no evidence to suggest that he was mislead or was lead to believe that the period of his enlistment would be reduced as a result of his not attending the Ranger course.  

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

___ls____  __rw____  ___gw___  DENY APPLICATION

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

INDEX

CASE ID	AR2003085652	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  225	112.0300/TERM OF ENL	
2.		
3.		
4.		
5.		
6.