IN THE CASE OF: BOARD DATE: 03 SEPTEMBER 2008 DOCKET NUMBER: AR20080009287 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his enlistment contract into the Regular Army be modified from a period of 4 years and 21 weeks to 4 years, and that his expiration of term of service (ETS) be changed from 19 March 2009 to 19 October 2008. 2. The applicant essentially states that his ETS date of 19 March 2009 is wrong, and that all documents during his entire military career have shown his ETS date as 19 October 2008. He also states, in effect, that he started out-processing at his current installation, but was notified by his servicing transition point that his ETS was not until 19 March 2009. He further states that he has never been notified by anyone including retention personnel that his ETS date was wrong. He continued by stating that his brigade retention office notified him that he could request to have the 21 weeks forgiven off his enlistment contract. 3. The applicant provides two Enlisted Record Briefs, dated 3 June 2008 and 20 January 2006; his leave and earnings statements from June and July 2005 and June 2007 through May 2008; a two-page clothing record; a DA Form 647-1 (Personnel Register), dated 11 May 2005; an unknown personnel data sheet; a data sheet related to his enlistment; and a 12-page Enlisted Distribution and Assignment System (EDAS) Soldier Record in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty in the Regular Army. 2. The applicant's military records show that on 8 July 2004, the applicant enlisted in the United States Army Reserve for a period of 8 years under the Delayed Entry/Enlistment Program. Item 8a (For Enlistment in a Delayed Entry/Enlistment Program [DEP]) of his DD Form 4-Series (Enlistment/ Reenlistment Document – Armed Forces of the United States) essentially shows that the applicant understood that he would be ordered to active duty as a Reservist unless he reported to the Fort Jackson, South Carolina Military Entrance Processing Station (MEPS) by 0530 hours on 20 October 2004 for enlistment in the Regular component of the United States Army for not less than 4 years and 21 weeks. Item 20a of his enlistment contract further shows that on 20 October 2004, he requested to be discharged from the Delayed Entry/ Enlistment Program and enlisted in the Regular Component of the United States Army for a period of 4 years and 21 weeks. Section H (Confirmation of Enlistment or Reenlistment) of this document shows that he executed his oath of enlistment into the Regular Army on 20 October 2004. 3. Item 32 (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees) of the applicant's DD Form 1966-Series (Record of Military Processing – Armed Forces of the United States) essentially shows that the applicant enlisted for training in military occupational specialty (MOS) 42L (Administrative Specialist) for a period of 4 years and 21 weeks. 4. Item 1j of the applicant's Statement for Enlistment – United States Army Enlistment Program shows that his term of enlistment in the Regular Army was 4 years and 21 weeks. 5. The applicant provided two Enlisted Record Briefs, dated 3 June 2008 and 20 January 2006; his leave and earnings statements from June and July 2005 and June 2007 through May 2008; a two-page clothing record; a DA Form 647-1, dated 11 May 2005; an unknown personnel data sheet; a data sheet related to his enlistment; and a 12-page EDAS Soldier Record; all of which showed that his ETS was 19 October 2008. 6. The applicant essentially stated that his ETS date of 19 March 2009 is wrong, and that all documents during his entire military career have shown his ETS date as 19 October 2008. He also stated, in effect, that he started out-processing at his current installation, but was notified by his serving transition point that his ETS was not until 19 March 2009. He further stated that he has never been notified by anyone, including retention personnel, that his ETS date was wrong. He continued by stating that his brigade retention office notified him that he could request to have the 21 weeks forgiven off his enlistment contract. 7. An Army News Service article, dated 9 February 2004, essentially announced that basic and advanced individual training would be in addition to the number of years a new recruit enlisted for under a new Force Stabilization initiative. It also stated that 19 jobs, mainly combat-arm specialties, fell under the then-recently implemented Variable Enlistment Length (VEL) Program. Under the VEL Program, Soldiers could enlist for 3 to 5-year VEL options. This article also stated, in pertinent part, that some of the non-combat-arms jobs that fell under the VEL Program were MOS 42A (Human Resources Specialist), MOS 42L [the MOS the applicant enlisted for], and MOS 92Y (Supply Specialist). 8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his enlistment contract into the Regular Army should be modified from a period of 4 years and 21 weeks to 4 years, and that his ETS should be changed from 19 March 2009 to 19 October 2008. 2. The evidence provided by the applicant which showed that his ETS was 19 October 2008 was noted; however, these documents are in error. The evidence of record clearly shows that at the time of his enlistment, he enlisted in the Regular Army for a period of 4 years and 21 weeks for training in MOS 42L. In view of the foregoing, there is no basis for modifying his enlistment contract or changing his ETS to 19 October 2008. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __XXX __ __XXX__ __XXX__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___ XXX ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080009287 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009287 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1